7 Oct 2004
CARTER HOLT HARVEY LTD V COTTONSOFT LTD CA CA83/04
- Citation
- openlaw-eed913c1_c2aa_4c51_963f_26ea37eadc35.pdf
- Court
- Court of Appeal
The Court upheld the High Court finding that where the essential manufacturing stage (pulp to bulk tissue) occurred overseas the unqualified claim that goods are 'made in New Zealand' is false; however the modified Kiwisoft packaging which disclaims that the product is 'Made in New Zealand from imported tissue', combined with removal of the Buy NZ Made logo, is not likely to mislead the average consumer and, absent evidence of consumer prejudice or on‑going breaches, injunctive relief or corrective advertising was not warranted.