Undertaking date

Undertaking type

s.87B undertaking

Reference number

D06/13442

Section

ss. 52, 53(a) & 55

Company or individual details

  • Name

    Andrew Binetter (this entry is an individual, not a company)

Undertaking

Andrew Binetter is a director of Tamarama Fresh Juices Australia Pty Ltd (ACN 003 994 072), which manufactured and supplied bottled fresh juice products. The ACCC was concerned that the labelling of certain of its fresh juice products (the Products) sold from July 1999 until 27 May 2004 may have been misleading or deceptive in contravention of section 52 of the TPA, may have falsely represented that the Products were of a particular quality, grade or composition in contravention of section 53(a) of the TPA and have been liable to mislead the public as to the nature and characteristics of the Products in contravention of section 55 of the TPA.

Tamarama informed the ACCC that it was of the view that the labelling was not in contravention of section 52, 53(a) or section 55 of the TPA.

Since 27 May 2004 Tamarama has not manufactured Tamarama branded products.

Andrew Binetter has agreed to provide a section 87B undertaking to the ACCC that he will attend practical trade practices training covering sections 52 and 53 of the TPA, and the ACCC has agreed to resolve its issues concerning Tamarama by accepting this undertaking.