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ARTICLE · 16 APRIL 2009

When Is Enough Enough?

The question of how to represent the fruit content in foods and drink vexes many manufacturers where a mixture of fruits are used and the predominant flavour may not be the main fruit ingredient.

AustraliaMedia, Telecoms, IT, Entertainment

Australian Competition and Consumer Commission v Nudie Foods Australia Pty Ltd [2008] FCA 943

  • Guidance given to manufacturers as to what the ACCC thinks is appropriate labelling of fruit content. More on fruit.

The question of how to represent the fruit content in foods and drink vexes many manufacturers where a mixture of fruits are used and the predominant flavour may not be the main fruit ingredient.

In these proceedings, Nudie admitted that it had represented that its drinks were cranberry juice ("Rosie Ruby") and cranberry juice with blueberries ("Rosie Blue"). It had done so in a number of ways. For example, on the Rosie Rubie label there was a prominent picture of a cranberry on a white background and no pictorial representation on the label of any other type of fruit. Signboards on buses, and trams, and street posters also described Rosie Ruby as "cranberry cloudy juice" and stated "NOTHING ADDED, NOTHING GAINED (PHEW)".

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