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| MISLEADING AND DECEPTIVE ADVERTISING |
The Australian Competition and Consumer Commission (ACCC) has sent a warning to the fruit juice and juice bar industry about health claims used to promote their products. Berri, Australia’s largest juice company, became the first victim of the ACCC crackdown.
The labelling on Berri’s SuperJuice range was found to be misleading. The amount of spirilina, wheat grass and barley grass in the product was less than half that claimed by Berri.
The ACCC administers the Trade Practices Act (Cth) 1974, which provides consumers protection against unfair trade practices. The Trade Practice Act or TPA as it is commonly referred to, prohibits:
* misleading and deceptive conduct
* unconscionable conduct; and
* the making of false representations in relation to the sale of goods and services.
The concepts of misleading and deceptive conduct are quite broad and are designed to protect consumers from being misled or deceived by marketing campaigns and unfounded claims. Conduct will be misleading or deceptive if it is likely to deceive the particular consumers who are the intended target of the claims or conduct. |
| Posted 26 Oct 2005 |
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