Cadbury Schweppes Pty Ltd - s.87B undertaking

The ACCC has accepted a court-enforceable undertaking from Cadbury Schweppes Pty Ltd about labelling of The Natural Confectionery Company (TNCC) range of confectionery products.

On 28 April 2003 Cadbury Schweppes acquired Sunrise Confectioners (Aust) Pty Ltd (Sunrise). Prior to the acquisition, Sunrise distributed TNCC products in packaging that stated: “The company has been in the same family for four generations and is 100% Australian owned”. Whilst TNCC products are now packed in packaging that reflects Cadbury Schweppes’ ownership since the acquisition, certain TNCC confectionery products have been sold, and remain available for sale in some retail outlets, in packaging bearing the former ownership representation.

Cadbury Schweppes has undertaken to:

• ensure that none of the remaining stocks of finished TNCC products in the old packaging is sold or distributed
• notify consumers throughout Australia by means of a consumer notice and apology to be published in Australia's daily newspapers that Cadbury Schweppes acquired TNCC with effect from 28 April 2003
• offer a full refund (redeemable by way of a store voucher) to all consumers who purchased TNCC products, from that date, in the old packaging from a retail outlet in reliance on the ownership representations and
• refrain from making any future representation to the effect that Cadbury Schweppes is 100 per cent Australian owned.