Entee Food & Beverage Distributors and Wholesalers Pty Ltd - s.87B undertaking

Entee Food & Beverage Wholesalers and Distributors Pty Ltd manufacture and supply fruit juice in the Northern Territory. Entee has provided an undertaking pursuant to section 87B of the Act as part of an overall settlement package in relation to allegations that Entee engaged in conduct that was misleading and deceptive in relation to claims made on their "Darwin Squeezed Orange Juice" and their "Orange Juice - Australian Squeezed".

The labels said the orange juice was a 'product of Australia', 'Australian Squeezed', 'Darwin squeezed', 'pure Australian fruit' and 'Locally squeezed' when in fact, from January 2001 to June 2001 the products contained 15 per cent orange juice reconstituted from orange juice concentrate imported from Brazil and were packaged using orange juice prepared in Brisbane. Also, there has been no Entee juice squeezing plant in Darwin since approximately June 2000. Further the labelling on the 'Darwin Squeezed Orange Juice' did not list sugar as an ingredient or state that it contained added sugar.

The undertaking given by Entee includes a requirement that Entee undertakes a trade practices training program.

As part of the overall settlement package, Entee also consented to Federal Court orders including declarations that Entee had breached the misleading and deceptive conduct provisions including the country of origin claims, injunctions restraining future conduct, that Entee becomes a signatory to the Code of Practice and Administration Rules for the Fruit Juice Industry and an order that Entee contributes to the Commission's legal costs.