Berri Limited is correcting claims made about its Fruitful SuperJuice range, the Green Zone, Kickstart and Immune juice products, which form part of Berri's new range of enhanced fruit juices, after an Australian Competition and Consumer Commission investigation.
"The ACCC was concerned that the composition of the products was being misrepresented", ACCC Chairman, Mr Graeme Samuel, said today.
"In particular, the ACCC was concerned that Berri had misrepresented on product packaging to consumers that its Green Zone juice product contained a 'shot' of both wheat grass and barley grass when such was not the case.
"Further the Berri website, www.berriltd.com.au, had claimed that the product contained shots of wheat grass, barley grass and spirulina.
"These claims appeared at odds with the nutritional panel volumes shown. The nutritional panel which contained measurements of ingredients by volume also raised concern as to the efficacious amount of herbal* and/or green matter* present in the range.
"The ACCC considered the reference to a 'shot' to be equivalent to a standard 30ml shot of alcohol, being approximately 2.4 grams of dry green matter per litre.
"Thirty millilitres also seemed to largely equate to the measured amount used by juice bars selling fresh shots of wheat grass".
Berri advised that the herbal and green matter components were actually powdered concentrates. As such, the volume measurement was not particularly helpful in terms of communicating potency or efficaciousness.
"The Green Zone product, in its original formulation contained only approximately one gram of wheat grass, far short of a shot in ACCC's view.
"The ACCC notes Berri had already been in the process of reformulating its Green Zone product following similar consumer feedback. This resulted in the green matter concentrates being increased from 300mg to 2000mg.
"The ACCC was also concerned that all three products contained the words, 'no concentrates' despite the green matter and herbal supplements used by Berri having been added in a concentrated powder form.
"As part of the court enforceable undertaking to the ACCC, Berri will replace the words 'no concentrates' with the words, 'no fruit concentrates' on its range of Fruitful SuperJuice products.
"Berri has also undertaken to specify the quantities of green matter and herbal supplements in actual milligrams and volume percentage.
"Consumers will better undertake their own assessment of the potency of each product and the amount they wish to consume.
"Berri's future juice products will now be subject to a consumer perusal before they reach the market place, in an attempt to identify claims that may need further consideration. This will be handled by a New Product's Committee which is being established as part of Berri's undertaking.
"It will be made up of Berri's CEO, Ms Alison Watkins; Director of Marketing; General Counsel; Director of Human Resources; and an independent person, providing the consumer viewpoint. This person will be either a representative nominated by the Australian Consumer's Association or where the ACA so declines, then a suitable independent person nominated by Berri.
"As an important part of Berri's undertaking and one intended to promote further general compliance in the fruit juice industry, Ms Watkins will inform members of the Australian Fruit Juice Association of Berri's experience and the lessons learned in introducing what are for the company novel products with health related claims.
"The article, which will appear in the AFJA's newsletter, will underscore the need to ensure that with the introduction of new innovative products robust procedures and testing of promotional claims are undertaken to ensure claims comply with the Trade Practices Act 1974".
Mr Samuel welcomed Berri's positive response to the matter and its preparedness to not only address its own conduct but to promote general awareness within the juice industry.
"New 'enhanced' healthy juice products are an area where marketing claims are being increasingly made on both packaged and juice bar products", he said. "The ACCC has recently taken the initiative in writing to juice bars reminding them of their obligations under the Act when promoting products.
"Labelling on products with health claims can have a significant influence on a consumer's purchasing decision. Consumers are entitled to expect fruit juice producers are providing them with accurate information ensuring what is represented on a product's packaging is in fact contained in the product and any claims are fair ones.
"Consumers have strongly embraced the juice bar concept and the ACCC is equally focused in ensuring that sectors marketing to the health conscious consumer market contains representations that can be substantiated".