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)".