Sheridan Australia Pty Ltd - s.87B undertaking

Sheridan Australia Pty Ltd, trading as Sheridan, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its ‘Sheridan Ultradown’ goose down quilts.

Sheridan has represented to consumers that its ‘Sheridan Ultradown’ quilts contain 100% goose down.  It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.

ACCC testing of a sample of ‘Sheridan Ultradown’ quilts represented as containing 100% goose down showed that the quilts contained in the range of 80% - 85% goose down, significantly less than the represented 100% goose down.

Sheridan advised the ACCC that its 100% down content claims were made in reliance on test reports provided by its overseas supplier and on labelling percentage ‘tolerances’ allowed under the Australian Standard (AS) 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.

Sheridan has undertaken to:

• not promote that any of its products contain 100% down;
• not make any other down content percentage representations which include any percentage tolerance or allowance;
• not make any down content percentage representations that it cannot substantiate by way of testing of its finished down products in accordance with the testing method specified in AS-2479 or International Down & Feather Bureau approved testing methods;
• place a corrective notice on its web-site for 90 days;
• place corrective newspaper advertisements in each State and Territory in which ‘Sheridan Ultradown’ quilts have been sold; and
• revise its existing trade practices compliance program to include independent reviews.