The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Perth against Trans Oriental Import and Export Pty Ltd and one of its Directors, Mr Thai Tran, alleging the company sold to consumers banned mini-cup jelly confectionaries containing the ingredient konjac.
On 21 August 2002 an 18 month temporary ban was applied to the supply of mini-cup jelly confectionaries containing konjac under section 65C(5) of the Trade Practices Act 1974.
The ban was announced by the Parliamentary Secretary to the Treasurer, Senator Ian Campbell, following a number of deaths occurring both in Australia and overseas from consumption of the product. The ban applies to any mini-cup jellies containing the ingredient konjac, also known as glucomannan, conjac, konnyaku, konjonac, taro powder or yam flour. Similar confections not containing the banned ingredient are also available.
The ACCC alleges that on 1 November 2002 the company supplied two mini-cup jellies containing the banned ingredient konjac from the Trans Oriental Supermarket in Leederville. The products are Coconut Jelly (bar code number 4710174043890) and Conjac Coconut Jelly (bar code number 4710174056159).
The ACCC alleges that conduct breaches sections 52, 53(a), 53(c) and 55 of the consumer protection provisions of Act relating to misleading conduct, and section 65C(1)(b) of the Act relating to product safety.
The court documents filed by the ACCC seek remedies including the following:
- declarations that Trans breached sections 52, 53(a), 53(c), 55 and 65C(1)(b) of the Act;
- injunctions restraining Trans from misleading the public as to the characteristics of its products, and selling mini-cup jellies containing the ingredient conjac;
- orders for publication of a recall notice by Trans in the West Australian newspaper and appropriate Asian community newspapers in metropolitan Perth; orders for publication of corrective informative notices to Trans wholesale customers and consumers.orders that Mr Tran attend a trade practices training program; and
- the ACCC's court costs.
A directions hearing has been set for 12 February 2003 before Justice Carr.