Commerce Commission v Griffins Foods Ltd (1997) (New Zealand)

Case concerning the production of wafer thin cut chips - which were labelled 'Slims'. The Commerce Commission alleged that labelling the product slims suggested the product was low fat (rather than simply thin cut chips) when in fact the product was not. Boshier J held that such an allegation was 'too paternalistic' and is by chance a small group of consumers were mislead by the claim, that was their own misinterpretation and not as a result of any misconduct by Griffins Foods. This case is interesting in that it gave considerable attention to the legality of consumer surveys in regards to the criminal offence of 'likely to mislead'. It was held that where conducted in an objective, scientific manner, consumer surveys are admissible evidence - even in a criminal trial.