Australian Health & Nutrition Association Limited, trading as Sanitarium - s.87B undertaking

Sanitarium is registered as a non-profit organisation based in New South Wales. Sanitarium manufactures and promotes a wide range of food products including the Weet-Bix and Light 'n' Tasty breakfast cereals.

From February 2009 to October 2010 Sanitarium sold breakfast cereals in packages which listed the fruit content of the product as a particular percentage, whereas a significant portion of the fruit content actually comprised other substances such as humectant, sugars, gelling agents and wheat fibre which had been used in the processing of the fruit.

Further, through the use of colour, images and associated words on the packaging of its 'Weet-Bix Wild Berry Bites' and 'Weet-Bix Apricot bites' products, an overall impression was created  to consumers that those products contained a greater quantity of the prominently depicted fruit than was actually the case;

It is alleged that such representations breached sections 52 and 53(c) of the TPA.

Staff raised the issues with Sanitarium who offered to resolve the ACCC's concerns by way of Undertakings pursuant to Section 87B of the TPA. On 5 August  2010 the Enforcement Committee considered this matter and directed that the matter be resolved by way of a section 87B Undertaking in the terms of the attached Undertakings.