Harris DE Pty Limited - s.87B undertaking

Harris DE Pty Limited distributes and sells coffee in Australia under various brands, including the Moccona brand. From 1 July 1997 until 31 December 1997, Harris ran a promotion in supermarkets for Moccona coffee. Part of the promotion claimed that entrants would win a mobile phone. It was the view of the Commission that this promotion was misleading to consumers as no information was provided as to the terms of the mobile phone service contract, the monthly service charge, any connection fees or the relevant tariff plan. In response, Harris undertook that in future all promotional activity would clearly disclose the existence and effect of all material conditions of any gifts or prizes. Harris also undertook to ensure that in any future promotional activity it engaged in, it would ensure that any pictorial presentation or written description of gifts or prizes would accurately describe the standard of the actual gift later supplied. Harris further undertook to identify all those who received an offer of a mobile phone within 30 days of the Undertaking. Finally Harris undertook that within 14 days of identifying the relevant customers, it would provide them with a choice of 3 remedial options