Food labelling guide - the Packaging Council of Australia

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that the business does not make any representations on the product’s labelling, packaging or advertising likely to mislead a consumer into believing that a particular ingredient is prominent when it is not. Words, images and the overall impression When a business makes a representation about a food product, it must ensure the overall impression of the representation is not misleading or deceptive. Many factors influence whether an ingredient is predominant in the class of ingredients present and whether statements about the ingredient may be misleading. These factors rely on the overall impression conveyed through the words, images and general ‘get up’ of a product’s labelling, packaging and promotional material. An audience may be misled by emphasis on different aspects of the representation or by mistaken—but understandable (and uncorrected)— assumptions and preconceptions. For example, if a business uses an image of a rare and delicious ingredient on its new product label, minor ingredients should not be given a disproportionately large pictorial emphasis because this is likely to mislead consumers. The ACCC assesses each matter on a case-by-case basis. For example, particular care needs to be paid to the labelling of new products that consumers may be unfamiliar with, while traditional associations and familiarity with a product may lead consumers to make assumptions or apply preconceptions because of the overall impression given by the labelling. examples In April 2008 the Federal Court declared (by consent) that the packaging of a number of Arnott’s Biscuits Ltd’s Snack Right products, including Snack Right Apple and Blackberry Fruit Pillow and Snack Right Apricot Fruit Slice falsely conveyed a particular overall impression. The court declared the packaging falsely conveyed an overall impression that the filling in the biscuits consisted predominantly of the fruits referred to in the product name and on its packaging when in fact the filling mainly consisted of other fruits. For example, the Apple and Blackberry Fruit Pillow filling only comprised around 1.7 per cent blackberry concentrate, along with almost 40 per cent sultanas, 12.9 per cent apple concentrate and 8.6 per cent dried apple concentrate. In the Apricot Fruit Slice filling only 1.7 per cent was apricot, while 64.8 per cent was sultana. 8 Food labelling guide
Arnott’s provided an undertaking to the court that it would amend the products’ packaging, refrain from similar conduct in the future and publish a corrective notice on its website. It also agreed to review its trade practices compliance program and contribute to the ACCC’s legal costs. ACCC v Arnott’s Biscuits Ltd (2008)—re. Arnott’s Snack Right Biscuits In a similar case, the Federal Court declared that Nudie Foods Australia Pty Ltd had made misleading claims about two of its juice products, Rosie Ruby and Rosie Blue. The claims were not only made on product labels but in advertising campaigns in Sydney, Melbourne and Brisbane, including on signboards on buses and trams, street posters and postcard flyers. Nudie represented Rosie Ruby juice was solely Cranberry Cloudy juice when in fact is comprised 80 per cent reconstituted apple juice. Rosie Blue was promoted as solely Cranberry Blueberry juice when it was actually 78 per cent reconstituted apple juice. The court declared (by consent) that Nudie had breached ss. 52, 53(a) and 55 of the Act. Nudie was ordered to publish corrective advertisements, establish an education, training and trade practices compliance program and to pay the ACCC’s costs. ACCC v Nudie Foods Australia Pty Ltd (2008)—re. Rosie Ruby and Rosie Blue juices In 2004 the Federal Court found that Cadbury Schweppes Pty Ltd had engaged in conduct likely to mislead or deceive consumers by representing that two Cottee’s cordial products contained extracts of real fruit depicted pictorially on its packaging. The labelling on the banana mango–flavoured cordial used the words ‘banana mango’ in large print, pictures of bananas and mangoes and a ‘Go Bananas’ motif, when the product did not contain any real banana or mango. The labelling on the apple kiwi– flavoured cordial concentrate used the words ‘apple kiwi’ in the name of the product and pictures of cut kiwi fruit when there were no kiwi fruit in the product. The court declared that some reasonable consumers would be misled or deceived by the representations, leading them to believe that the products contained the real fruits represented. This case demonstrates the importance of the consumers’ overall impression when conveying the contents of products. 9 Food labelling guide
Page 1 and 2: Food labelling guide
Page 3 and 4: Food labelling guide
Page 5 and 6: Introduction Australia’s food and
Page 7 and 8: 1. Responsibilities of the ACCC and
Page 9 and 10: 2. Australia New Zealand Food Stand
Page 11: 3. The Trade Practices Act The Trad
Page 15 and 16: Target audience When designing prod
Page 17 and 18: exampLE Austrimi Seafoods Pty Ltd m
Page 19 and 20: Important note The ACCC’s views a
Page 21 and 22: Contacts Infocentre: 1300 302 502 W

Food labelling guide - the Packaging Council of Australia

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