Conroys Pty Ltd - s.87B undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a section 87B Undertaking from Conroys Pty Ltd (Conroys) following an investigation relating to breaches of the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (the CCA). Conroys has also paid a penalty of $10,200 following the issue of an Infringement Notice by the ACCC.

In February 2015, Conroys supplied its “Breakfast Bacon – 1kg” (the Bacon Product) labelled as a ‘Product of Australia’ when in fact it was produced using pig meat imported from Denmark. The ACCC considered that by representing that the Bacon Product was a ‘Product of Australia’ when that was not the case, Conroys’ was likely to have contravened the ACL.

The Bacon Product was supplied in a one-off shipment of 1020kg to a wholesaler in WA.

To address the ACCC’s concerns, Conroys has offered the ACCC a court enforceable undertaking in which it has admitted that its conduct is likely to have contravened the ACL and that for a period of three years it will not represent that any product is the produce of Australia, unless:

• Australia was the country of origin of each significant ingredient or significant component of the product, and
• All, or virtually all, processes involved in its production or manufacture happened in Australia.

Conroys will also publish a corrective notice on its website and establish a competition and consumer compliance program.