Moving Juice Pty Ltd - s.87B undertaking

Moving Juice Pty Ltd is a South Australian wine retailer which retails wine, beer and associated products through its outlet in Felixstow, Adelaide and through its website.

During February, March and April 2008 Moving Juice promoted two Coopers beer and Dog Leg wine specials in The Advertiser newspaper and its sale catalogue by representing that consumers would receive a ‘free’ and ‘absolutely free’ slab of Coopers beer with the purchase of a dozen bottles of Dog Leg wine.

The price of a dozen bottles of Dog Leg wine sold in the specials was increased from its normal price to incorporate most or part of the cost of the beer.

During April 2008, Moving Juice advertised certain varieties of wine on its website using ‘Was $X Now $Y’ representations.

Moving Juice had not offered the wine for sale, nor sold the wine, at a higher ‘was’ price since before November 2007.

Moving Juice has acknowledged that consumers may have been misled and deceived by the representations in contravention of sections 52 and 53(e) of the Trade Practices Act 1974.

Moving Juice has provided the ACCC with a section 87B undertaking that it will:

• not engage in similar advertising practices in the future;
• publish corrective notices in The Advertiser, its sale catalogue and on its website;
• publish an information article in a wine industry magazine;
• make a donation to a registered youth charity; and
• implement a Trade Practices Compliance Program.