Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 4) [2013] FCA 665

Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 4) [2013] FCA 665

The phrase 'free to roam' on packaging, print advertising, and publications, as used by Baiada, Bartter, and the Association, was likely to mislead or deceive consumers prior to the 42nd day of the chickens’ growth cycle by conveying they were largely uninhibited in movement, when stocking densities in that period meant movement was substantially impeded. Accordingly, contraventions of ss 52 and 53(a) of the Trade Practices Act 1974 (Cth)/Australian Consumer Law were established; the claims in respect of s 55 did not succeed as the representations did not pertain to the nature or characteristics of the chickens. The Association could not rely on the s 65A (media safe harbour) defence as...

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Turi Foods Pty Ltd (ACN 057 142 971); Second Respondent: Baiada Poultry Pty Ltd (ACN 002 925 948); Third Respondent: Bartter Enterprises Pty Limited (ACN 000 451 374); Fourth Respondent: Australian Chicken Meat Federation Inc (ABN 24 077 883 026)
Jurisdiction
Australia
Judgment Date
08 July 2013
Procedural Posture
Civil / Judgment After Trial, Liability Only
Outcome
Contraventions of ss 52 and 53(a) found against Baiada, Bartter, and the Association in relation to representations prior to the 42nd day of chickens' growth cycle; no contravention of s 55; proceeding to be listed for further directions on relief and declarations.
Legal Topics
Misleading or Deceptive Conduct, False Representation, Consumer Protection, Advertising, Trade Practices
Competition and Consumer Law Misleading or Deceptive Conduct False Representation Consumer Protection Advertising Trade Practices

Case Brief

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Parties

Australian Competition and Consumer Commission

Applicant

Turi Foods Pty Ltd (ACN 057 142 971)

First Respondent

Baiada Poultry Pty Ltd (ACN 002 925 948)

Second Respondent

Bartter Enterprises Pty Limited (ACN 000 451 374)

Third Respondent

Australian Chicken Meat Federation Inc (ABN 24 077 883 026)

Fourth Respondent

Procedural Posture

Civil / Judgment After Trial, Liability Only

Legal Issues

  1. 1 Whether the phrase 'free to roam' and its variants used on packaging, advertising, and publications was misleading or deceptive, or likely to mislead or deceive, or was false
  2. 2 Whether the representations falsely represented that chickens had a particular history
  3. 3 Whether the representations were liable to mislead the public as to the nature or characteristics of the product

Ratio Decidendi

The phrase 'free to roam' on packaging, print advertising, and publications, as used by Baiada, Bartter, and the Association, was likely to mislead or deceive consumers prior to the 42nd day of the chickens’ growth cycle by conveying they were largely uninhibited in movement, when stocking densities in that period meant movement was substantially impeded. Accordingly, contraventions of ss 52 and 53(a) of the Trade Practices Act 1974 (Cth)/Australian Consumer Law were established; the claims in respect of s 55 did not succeed as the representations did not pertain to the nature or characteristics of the chickens. The Association could not rely on the s 65A (media safe harbour) defence as...

Court Disposition

Contraventions of ss 52 and 53(a) found against Baiada, Bartter, and the Association in relation to representations prior to the 42nd day of chickens' growth cycle; no contravention of s 55; proceeding to be listed for further directions on relief and declarations.

Orders

  • The proceeding be listed for mention on 12 July 2013 at 10:30 am.