IGA Distribution Pty Limited - s.87B undertaking

Between about October 2006 and at least 9 April 2009, IGA Distribution Pty Limited represented via the product’s labelling and in its dealings with IGA-branded stores that its corporate brand edible oil labelled “IGA Isabella Extra Virgin Olive Oil” (Isabella) was extra virgin olive oil (Extra Virgin Olive Oil Representation).

The ACCC considers that certain batches of Isabella supplied by IGA Distribution prior to 9 April 2009 were not, in fact, extra virgin olive oil and, as such, IGA Distribution is likely to have engaged in false, misleading and deceptive conduct in contravention of sections 52 and 53(a) of the Trade Practices Act 1974 by making the Extra Virgin Olive Oil Representation.

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

• not, in the course of supplying edible oil, represent that any IGA corporate brand edible oil is extra virgin olive oil when it does not meet certain specified criteria for extra virgin olive oil contained in the International Olive Council’s (IOC) Trade Standard Applying to Olive Oils and Olive-Pomace Oils (IOC Standard); and
• require each of its existing and new suppliers of IGA corporate brand extra virgin olive oil to provide IGA Distribution with a test report, issued by a National Association of Testing Authorities (NATA) or IOC accredited laboratory, demonstrating compliance of its product with certain specified criteria for extra virgin olive oil contained in the IOC Standard.