ACCC v Nudie Foods Australia Pty Ltd [2008] FCA 943

The Australian Competition and Consumer Commission alleged that Nudie Foods Australia Pty Ltd had engaged in misleading conduct by representing that two of its fruit juice products were solely comprised of cranberry and blueberry juice when they were predominantly reconstituted apple juice, at 80% and 78%. In June 2008, the Federal Court agreed that the representations in terms of the fruit juice content were misleading and breached sections 52, 53(a) and 55 of the Trade Practices Act. The representations had been made on the product labels and in promotional marketing across Sydney, Melbourne and Brisbane on poster advertisements on buses and trams, street billboards and postcard flyers. The Court ordered Nudie Foods to publish corrective advertisements and to establish a program for education training and trade practices compliance.