Yummy Little Pillows Of Fruit - But What Sort?

Australian Competition and Consumer Commission v Arnott's Biscuits Ltd [2008] FCA 590

• ACCC continues to see claims involving fruit as a priority.
• Consent orders represented commercial solution with Arnotts being allowed three months to trade out existing stock.

For some time now, the ACCC has been giving attention to representations involving fruit on food packaging and in labelling (see for example Australian Competition and Consumer Commission v Cadbury Schweppes Pty Ltd [2004] FCA 516). Each decision will turn on a consideration of its own facts. However, this decision is another salient example that the ACCC will look at the overall impression in deciding whether packaging is misleading and deceptive.