The ACCC recently considered a case involving Independent Liquor Group’s (ILG) representation of their “Aussie Beer” product.
The product name, “Aussie Beer” and packaging used multiple references to Australia – such as text reading: “Made from Australia’s Finest Malt”, a picture of Australia behind text reading: “100% Owned”, as well as green and gold packaging. The product was in fact, made in China.
On this basis, the ACCC had reasonable grounds to believe ILG had made false or misleading representations about the product’s country of origin. In response, they issued the company an infringement notice and penalty of $10,200. However, it should be noted that a payment of a penalty specified in an infringement notice is not an admission of a contravention of Australian Consumer Law (ACL).
It is important to remember that the ACCC considers products that give a misleading or deceptive “overall impression” in contravention of the ACL – they may take into account multiple factors, including design, colours, packaging and text.
If you are unsure about your claims or require advice concerning the representations you have made to consumers, do not hesitate to contact Gladwin Legal on or 1300 033 934 for an obligation-free quote.