Fruit juice company Florida Foods Pty Ltd has agreed to consent injunctions in the Federal Court restraining it from making misleading claims about its 'Florida Fresh' and 'Fresh Premium' orange juice.
The consent orders follow Australian Competition and Consumer Commission action.
Justice Lindgren, in the Federal Court, Sydney declared last week that Florida Foods had breached ss. 52, 53(a), 53(eb) and 55 of the Trade Practices Act by supplying on occasions goods labelled as
'fresh' when the goods contained reconstituted orange juice and preservatives; 'unsweetened' when the goods contained added sugars; and 'Product of Australia' when the product contained reconstituted orange juice made from imported orange juice concentrate.
Florida Foods will put advertisements in a major Sydney newspaper and refund consumers who claim to have been misled by the labelling.
Florida Foods will implement a corporate compliance program, as agreed with the ACCC, which incorporate a number of elements listed in the consent order. The Florida Foods undertaking setting out the compliance program in detail was annexed to the orders and noted by the Court.
ACCC Chairman, Professor Allan Fels, said today that this is the first time essential elements of a trade practices compliance program has been included in orders handed down by the Court in proceedings brought by the ACCC.
"The ACCC has had several actions relating to fruit juice labelling recently," Professor Fels said. "Yesterday's result is another warning to companies that they consider carefully what claims they make about their product on the labels. Consumers who pay a premium for a particular feature of a product must not be misled. The ACCC will continue to be vigilant in this area to protect consumers and to ensure that the industry is competing fairly."
Florida Foods was also ordered to pay the ACCC's agreed costs.
Further information Professor Allan Fels, Chairman, (03) 9290 1812 or pager (016) 373 536 Ms Lin Enright, Director, Public Relations, (06) 264 2808 MR 49/97 26 May 1997
The consent orders follow Australian Competition and Consumer Commission action.
Justice Lindgren, in the Federal Court, Sydney declared last week that Florida Foods had breached ss. 52, 53(a), 53(eb) and 55 of the Trade Practices Act by supplying on occasions goods labelled as
'fresh' when the goods contained reconstituted orange juice and preservatives; 'unsweetened' when the goods contained added sugars; and 'Product of Australia' when the product contained reconstituted orange juice made from imported orange juice concentrate.
Florida Foods will put advertisements in a major Sydney newspaper and refund consumers who claim to have been misled by the labelling.
Florida Foods will implement a corporate compliance program, as agreed with the ACCC, which incorporate a number of elements listed in the consent order. The Florida Foods undertaking setting out the compliance program in detail was annexed to the orders and noted by the Court.
ACCC Chairman, Professor Allan Fels, said today that this is the first time essential elements of a trade practices compliance program has been included in orders handed down by the Court in proceedings brought by the ACCC.
"The ACCC has had several actions relating to fruit juice labelling recently," Professor Fels said. "Yesterday's result is another warning to companies that they consider carefully what claims they make about their product on the labels. Consumers who pay a premium for a particular feature of a product must not be misled. The ACCC will continue to be vigilant in this area to protect consumers and to ensure that the industry is competing fairly."
Florida Foods was also ordered to pay the ACCC's agreed costs.
Further information Professor Allan Fels, Chairman, (03) 9290 1812 or pager (016) 373 536 Ms Lin Enright, Director, Public Relations, (06) 264 2808 MR 49/97 26 May 1997