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ARTICLE · 27 DECEMBER 2013

Companies "Sitting Ducks" for ACCC: free-range debate and food labelling

Kott Gunning
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This case was just one in a long line of food labelling cases that have beset the poultry industry in the last 12 months.

AustraliaConsumer Protection
Josephine Hart (Previously With Kott Gunning)
Josephine Hart (Previously With Kott Gunning)
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Following October's article, "Counting One's Chickens? The Free Range Debate," the poultry industry has come under the spotlight once again with the decision of Australian Competition and Consumer Commission v Luv-a-Duck Pty Ltd [2013] FCA 1136 on 1 November 2013.

Luv-a-Duck was in breach of sections 52, 53(a) and 55 of the former Trade Practices Act 1974 and sections 18, 29(1)(a) and 33 of the Australian Consumer Law ("ACL") by participating in misleading or deceptive conduct.

Phrases such as "Grown and grain fed in the spacious Victorian Wimmera Wheatlands" and using a logo with the phrase "Range Reared & Grain Fed" formed a significant plank of the company's marketing campaign. The court found that these phrases were misleading or deceptive and the Company was fined a total of $375,000 including costs.

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