Kenman Kandy Australia Pty Ltd - s.87B undertaking

Kenman is a manufacturer and wholesaler of confectionary. Taking effect from 1 December 1997, Kenman was acquired by Effem Foods Pty Ltd. Prior to the acquisition, Kenman distributed its products in packaging marked "Australian Made. Australian Owned" and "100% Australian Owned". Prior to the acquisition, Kenman products were all made in Australia. Following the acquisition by Effem, Kenman commenced amending the packaging to reflect the fact that it was no longer Australian-owned, however it took some time until it was completed. In the meantime, Kenman continued distributing the products in the same packaging. A competitor complained to the ACCC and Kenman admitted that it was no longer Australian-owned. Kenman then provided an undertaking that it would recall any incorrectly labelled stock still in the market place, that it would refrain from distributing additional stock in packaging bearing the representations or from making further representations that it was Australian-owned, that it would arrange to publish corrective notices in the Weekend Australian and in other major metropolitan newspapers, and that it would take steps to ensure future compliance with the Trade Practices Act.