Calcorp (Australia) Pty Ltd - s.87B undertaking

Between about August 2007 and at least 14 May 2009, Calcorp (Australia) Pty Ltd represented via the product’s labelling and in its dealings with its customer Coles that a batch of 500ml units of edible labelled “Paese Mio Organic Extra Virgin Olive Oil” (Paese Mio) was extra virgin olive oil (Extra Virgin Olive Oil Representation).

The ACCC considers that Calcorp has engaged in false, misleading and deceptive conduct by making the Extra Virgin Olive Oil Representation because the product was not, in fact, extra virgin olive oil.

Calcorp admits that, by making the Extra Virgin Olive Oil Representation, it made representations about Paese Mio that were false, misleading and deceptive in contravention of sections 52 and 53(a) of the Trade Practices Act 1974 (TPA).

Calcorp’s manager, Mr Antonio Dattilo, admits he was knowingly concerned in, or party to, the making of the Extra Virgin Olive Oil Representation because he authorised the Extra Virgin Olive Oil Representation and given his knowledge of Calcorp’s products.

Calcorp has provided court enforceable undertakings to the ACCC that, for a period of three years, it will:

• not represent that a cooking oil is “extra virgin olive oil”, “virgin olive oil” or “olive oil” when it is not;
• prior to supplying a batch of edible oil in Australia labelled “olive oil”, “virgin olive oil” or “extra virgin olive oil – 
• require the producer or its supplier of the edible oil to provide a certificate of analysis, or equivalent document, demonstrating compliance of a sample from the applicable batch with the International Olive Council’s (IOC) Trade Standard Applying to Olive Oils and Olive-Pomace Oils (IOC Standard) or other equivalent or recognised standard; and
• commission a NATA or IOC accredited laboratory within Australia to test a sample from the applicable batch against the IOC Standard or other equivalent or recognised standard; and
• implement a Trade Practices Compliance Program.

Mr Dattilo has undertaken to the ACCC that, for a period of three years, he will:

• not engage in conduct that constitutes - 
• a contravention of section 52 and/or 53(a) of the TPA; or
• being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision;
• require documentation from his suppliers demonstrating compliance with the IOC Standard and commission a further test by a NATA or IOC accreand implementdited laboratory prior to supplying edible oil; and
• attend practical trade practices training.