The Australian Competition and Consumer Commission has obtained consent orders in the Federal Court, Melbourne with respect to the fat content labelling on the Harvest Bake So Slim line of slices, manufactured by Country Snack Delights.
The labelling on the Muesli & Apricot and the Fruit Cocktail varieties of the Harvest Bake So Slim features the words "98% fat free". However tests revealed that the So Slim Slices with use by dates of August 1999 and September 1999 contained significantly higher levels of fat than the represented two per cent.
The consent orders restrain Country Snack Delights from supplying for sale or resale bakery products with labels that understate the average fat content of those products. Country Snack Delights is also required to place corrective advertising in the Leading Edge, a bakery and food service industry journal. In addition, Country Snack Delights will instruct all of its distributors to recall any remaining products bearing misleading labelling, offering them either refund or replacement of that remaining stock, with new stock containing the correctly represented fat content.
"As consumers become increasingly aware of the health benefits said to be associated with low fat diets, low fat content is becoming a significant factor which influences purchasing decisions and is therefore a powerful marketing tool," ACCC Chairman, Professor Alan Fels, said. "As such, companies need to take care that where they make representations as to the nutritional or fat content of their products, that these are indeed borne out".
To this end, Country Snack Delights has agreed to implement a corporate compliance program by way of court enforceable undertakings. This demonstrates a willingness and positive step by Country Snack Delights to ensure misrepresentations are not made again. As part of the compliance program, Country Snack Delights will establish a product register, which will enable it to monitor the recipes of the food products it produces. Where nutritional claims are made in regards to a product, test results will form part of the register and this register will be monitored by an independent third party to ensure compliance.
Country Snack Delights also agreed to pay the ACCC's costs.
The labelling on the Muesli & Apricot and the Fruit Cocktail varieties of the Harvest Bake So Slim features the words "98% fat free". However tests revealed that the So Slim Slices with use by dates of August 1999 and September 1999 contained significantly higher levels of fat than the represented two per cent.
The consent orders restrain Country Snack Delights from supplying for sale or resale bakery products with labels that understate the average fat content of those products. Country Snack Delights is also required to place corrective advertising in the Leading Edge, a bakery and food service industry journal. In addition, Country Snack Delights will instruct all of its distributors to recall any remaining products bearing misleading labelling, offering them either refund or replacement of that remaining stock, with new stock containing the correctly represented fat content.
"As consumers become increasingly aware of the health benefits said to be associated with low fat diets, low fat content is becoming a significant factor which influences purchasing decisions and is therefore a powerful marketing tool," ACCC Chairman, Professor Alan Fels, said. "As such, companies need to take care that where they make representations as to the nutritional or fat content of their products, that these are indeed borne out".
To this end, Country Snack Delights has agreed to implement a corporate compliance program by way of court enforceable undertakings. This demonstrates a willingness and positive step by Country Snack Delights to ensure misrepresentations are not made again. As part of the compliance program, Country Snack Delights will establish a product register, which will enable it to monitor the recipes of the food products it produces. Where nutritional claims are made in regards to a product, test results will form part of the register and this register will be monitored by an independent third party to ensure compliance.
Country Snack Delights also agreed to pay the ACCC's costs.