CUB Pty Ltd - s.87B undertaking

The ACCC has accepted a section 87B undertaking from CUB Pty Ltd trading as Carlton & United Breweries in relation to ACCC concerns that it represented that Byron Bay Pale Lager was brewed by a small brewer in Byron Bay when this was not the case. The beer was in fact brewed by CUB at one of its breweries in Warnervale, some 630km away by road from Byron Bay.

To address the ACCC’s concerns, CUB Pty Ltd paid two Infringement Notices and provided the ACCC with a court-enforceable undertaking that it will:

• cease distributing the product with the relevant labelling
• publish a corrective notice on its website, the trade press and distribute point-of-sale corrective notices
• provide supplementary training for senior managers within CUB’s marketing department.

CUB has also undertaken, for the next three years, not to make false or misleading representations concerning the scale of the brewery in which a product is brewed and the place of origin of its products.