Harvey Fresh (1994) Ltd - s.87B undertaking

Harvey Fresh is incorporated in Western Australia and carries on business as a manufacturer and distributor of Harvey Fresh fruit juice and dairy products.

Between January 2008 and March 2008, Harvey Fresh manufactured and distributed a 250ml Apple & Blackcurrant Fruit Juice product (Product) with labelling displaying the following representations:

• ‘100% JUICE’;
• ‘APPLE & BLACKCURRANT’; and
• in smaller font on the side of the label ‘INGREDIENTS: AUSTRALIAN APPLE CONCENTRATE, BLACKCURRANT FLAVOUR, GRAPE SKIN EXTRACT, COLOUR 466’.

The ACCC believes that the use of the ‘100% Juice’ wording on the label of the Product indicates that the juice contains 100% of the respective characterising ingredient, that is apple and blackcurrant juice.

The ACCC is concerned that where flavourings, colours or extracts have been added to the Product, the ‘100% juice’ claim may potentially mislead consumers who believe the Product is 100% fruit juice in its composition.

Harvey Fresh has acknowledged the ACCC’s concerns that its conduct may have misled consumers and that such conduct may have been in contravention of sections 52 and 53(a) of the TPA.

Harvey Fresh has cooperated with the ACCC and the ACCC has accepted undertakings from Harvey Fresh pursuant to section 87B of the TPA to address the conduct.

Harvey Fresh has undertaken that it:

• will not make a representation that a fruit juice product contains 100% juice, when the product does not contain 100% juice;
• will contact all retail customers to which it has supplied the Product to inform them of the conduct and recall all units of the Product that it has supplied to them;
• will publish an information notice on its website for a period of 30 days informing consumers about the conduct; and
• it will implement and maintain a Trade Practices Compliance Program for the purpose of ensuring that the officers and employees of Harvey Fresh are aware of their responsibilities and obligations under sections 52 and 53 of the TPA.