The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney against Arnott's Biscuits Limited for alleged contraventions of the Trade Practices Act 1974 in relation to the packaging and labelling of Arnott's Snack Right fruit pillow and fruit slice biscuits.
The ACCC alleges that Arnott's has engaged in misleading or deceptive conduct by conveying to consumers in the labelling and packaging of five Snack Right biscuits products an overall impression that the filling consists predominantly of the depicted fruits and that there is a significant amount of the depicted fruits in the fruit filling; when the biscuit filling:
- does not consist predominantly of the depicted fruits, and
- does not contain a significant amount of the depicted fruits.
The ACCC allege that these representations contravene sections 52, 53(a) and 55 of the Act.
The ACCC is seeking a range of remedies including:
- declarations
- injunctions
- corrective advertising
- a review of the Arnott's Trade Practices compliance program, and
- costs.
This matter has been listed for a directions hearing in the Federal Court, Sydney on 11 December 2007 before Justice Gyles.