Maggie Beer Products Pty Ltd - s.87B undertaking

Maggie Beer Products Pty Ltd (Maggie Beer Products) engages principally in the production, marketing and distribution of premium food products to consumers through retailers in all States and Territories of Australia and overseas, with such products including pâtés and preserves, oils and vinegars, soups and ice creams. 

Maggie Beer Products has provided the ACCC with a court-enforceable undertaking pursuant to section 87B of the Competition and Consumer Act 2010 (Cth) (CCA), in response to an ACCC investigation into allegations that between at least 1 January 2011 and 8 January 2014 , Maggie Beer Products made a representation on certain “Maggie Beer” branded products, namely:

a) Ice cream (all flavours);
b) Extra virgin olive oil;
c) Red wine vinegar; and
d) Rosemary and verjuice biscuits

through the use of the Maggie Beer Logo, the words “Maggie Beer A Barossa Food Tradition” and the words “Maggie Beer Products, 2 Keith Street Tanunda South Australia 5352”, that gave the overall impression that those products were made in Tanunda, the Barossa Valley and/or South Australia when, in fact, they were manufactured in states other than South Australia.

Maggie Beer Products also made representations directly to Woolworths Ltd (Woolworths) in email correspondence between 4 February 2013 and 20 May 2013, and to the public at a “Local Fair” held at a Woolworths store on 12 and 13 April 2013, that those products were made in South Australia or were otherwise “local” products, when, in fact, they were manufactured in states other than South Australia.

Maggie Beer Products has acknowledged that its conduct is likely to have contravened sections 18 and 29(1)(k) of the Australian Consumer Law (ACL), found at Schedule 2 to the CCA.

Maggie Beer Products has undertaken to:

a) apply amended labelling to “Maggie Beer” branded products that are made outside of South Australia to accurately reflect the place of manufacture;
b) publish an educative article in Food Magazine; and
c) undertake a review of its consumer law compliance procedures.