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Maggie Beer Products acknowledges labelling likely to be misleading

Maggie Beer Products acknowledges labelling likely to be misleading

The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from Maggie Beer Products Pty Ltd, Tanunda (Maggie Beer Products) in which Maggie Beer Products acknowledges that its conduct was likely to have been misleading, in breach of the Australian Consumer Law (ACL).

The undertaking relates to Maggie Beer Products’ place of origin representations on the labelling of “Maggie Beer” branded ice cream (all flavours), aged red wine vinegar, extra virgin olive oil and Rosemary and verjuice biscuits, representations made at a local fair held at a Woolworths Limited (Woolworths) supermarket in Mitcham, South Australia and representations made in correspondence sent by Maggie Beer Products to Woolworths.

“Maggie Beer” branded ice cream (all flavours), Extra virgin olive oil and Rosemary and verjuice biscuits are manufactured by third parties in Victoria, while “Maggie Beer” branded Aged Red Wine Vinegar is manufactured by a third party in Queensland.

However, since at least 2011, the following text and logo has been on the labelling of these products, in close proximity to each other: the Maggie Beer logo which depicts a pheasant with the words “Maggie Beer” A Barossa Food Tradition; the words “Made in Australia” or “Product of Australia”; and  the words “Maggie Beer Products: 2 Keith Street Tanunda South Australia 5352”.

The ACCC considered that as a result of these representations in close proximity on the labels, a reasonable consumer would have gained the overall impression that each of these products was manufactured in Tanunda, the Barossa Valley and/or South Australia, when in fact this was not the case.