Austrimi Seafoods Pty Ltd - s.87B undertaking

Austrimi Seafoods Pty Ltd has offered a section 87B court enforceable undertaking to the ACCC in relation to the packaging of its ‘Kalamari’ branded product.

The ACCC was concerned that the packaging of the ‘Kalamari’ product was misleading as the picture of the crumbed seafood rings and use of the word ‘Kalamari’ gave the impression the Product was made predominately of calamari or squid whereas the ingredients list stated it contained only 4% squid.

The ACCC had concerns that the overall impression created by the packaging was likely to misled consumer as to the content of the Product in contravention of sections 52 and 53(a) of the Trade Practices Act 1974.

Austrimi Seafoods Pty Ltd has undertaken to the ACCC that in the future it will not:

• supply the product in its current packaging;
• use the name ‘Kalamari in relation to the product;
• supply seafood products in packaging and/or with labelling that conveys an overall impression that the product consists mainly of, or includes a not insubstantial proportion of, a particular seafood ingredient when this is not the case;

Austrimi Seafoods has also undertaken:

• to place a corrective notice on its website;
• to use its best endeavours to have its retail customers place corrective notices at point of sale for a period of 28 days; and
• to implement a compliance program.