The Federal Court in Adelaide today ordered that Unilever Australia Limited be restrained for two years from publishing any statement that John West tuna is caught in South Australian or Australian fishing waters, unless that statement also specifies that John West tuna is also caught in waters outside Australian fishing waters and is imported.
The Court found that Unilever had engaged in misleading and deceptive conduct in breach of sections 52 and 53(eb) of the Trade Practices Act in relation to various representations concerning the country of origin of its John West tuna products.
The John West Christmas 1995 Best Selections newsletter and its Port Lincoln wharf television commercial concerning tuna slices were found to be misleading as they represented that the tuna in John West tuna slices was caught from Port Lincoln in South Australia when it was actually caught outside Australian waters and processed in Thailand.
In the John West Christmas 1995 and March 1996 newsletters Unilever represented that the tuna in John West tuna was caught in South Australian waters when a significant proportion of it was caught outside Australian fishing waters.
The Court did not find that the Advance Australia label and statements such as 'Product of Australia' and 'Product of Port Lincoln Tuna Processors Pty Ltd South Australia' used on John West tuna cans were misleading or deceptive.
His Honour Justice Mansfield in ordering the injunction said, "It is important in the public interest that conduct which infringes the Act should be reflected by orders of the court that indicate the courts disapproval of that conduct ... The conduct was not deliberately in contravention of the Act, but the representations were intended to carry a message which I have found to constitute contraventions."
The court adjourned the matter for submissions on costs in the new year.
For further information about this media release: Professor Allan Fels, Chairman (03) 9290 1812 Alana Woods, Acting Director Public Relations, (02) 6243 1108
The Court found that Unilever had engaged in misleading and deceptive conduct in breach of sections 52 and 53(eb) of the Trade Practices Act in relation to various representations concerning the country of origin of its John West tuna products.
The John West Christmas 1995 Best Selections newsletter and its Port Lincoln wharf television commercial concerning tuna slices were found to be misleading as they represented that the tuna in John West tuna slices was caught from Port Lincoln in South Australia when it was actually caught outside Australian waters and processed in Thailand.
In the John West Christmas 1995 and March 1996 newsletters Unilever represented that the tuna in John West tuna was caught in South Australian waters when a significant proportion of it was caught outside Australian fishing waters.
The Court did not find that the Advance Australia label and statements such as 'Product of Australia' and 'Product of Port Lincoln Tuna Processors Pty Ltd South Australia' used on John West tuna cans were misleading or deceptive.
His Honour Justice Mansfield in ordering the injunction said, "It is important in the public interest that conduct which infringes the Act should be reflected by orders of the court that indicate the courts disapproval of that conduct ... The conduct was not deliberately in contravention of the Act, but the representations were intended to carry a message which I have found to constitute contraventions."
The court adjourned the matter for submissions on costs in the new year.
For further information about this media release: Professor Allan Fels, Chairman (03) 9290 1812 Alana Woods, Acting Director Public Relations, (02) 6243 1108