South Africa Case Law

Consumer Goods Council of South Africa v Food Safety Agency (Pty) Ltd and Others (015445-2022)

Consumer Goods Council of South Africa v Food Safety Agency (Pty) Ltd and Others (015445-2022) [2023] ZAGPJHC 838 (25 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

015445-2022

Judge

EF Dippenaar

The High Court confirmed an interim interdict stopping seizure of meat analogue products pending review, finding a prima facie right, irreparable harm, and favourable convenience.

• Interim Interdict
• Review Of Administrative Action
• Ultra Vires
• Product Labelling
• Agricultural Product Standards Act
• Naming Conventions

Siqalo Foods (Pty) Ltd v Clover SA (Pty) Ltd (425/2022)

Siqalo Foods (Pty) Ltd v Clover SA (Pty) Ltd (425/2022) [2023] ZASCA 82 (31 May 2023)

Court

Supreme Court of Appeal

Case number

425/2022

Judges

Ponnan, Carelse, Matojane, Daffue, Siwendu

The Supreme Court of Appeal found that the appellant’s product label contravened the statutory requirements under the Agricultural Product Standards Act and its regulations. The dominant display of the word 'BUTTER' on the label, with the class designation 'modified butter' rendered virtually invisible, was likely to mislead consumers into believing the product was pure butter. The evidence, including consumer research and visual analysis, supported the conclusion that the label created a false or misleading impression as to the nature and class of the product. The court rejected the appellan…

Source excerpt

• Agricultural Product Standards Act
• Misrepresentation
• Unlawful Competition
• Product Labelling
• Statutory Interdict

Top Lay Egg Co-op Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Others (400/2022)

Top Lay Egg Co-op Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Others (400/2022) [2023] ZASCA 67 (16 May 2023)

Court

Supreme Court of Appeal

Case number

400/2022

Judges

Saldulker, Mothle, Matojane, Nhlangulela, Unterhalter

The SCA dismissed a challenge to an assignee designation under the Agricultural Product Standards Act and upheld the assignee’s fee-setting power.

• Agricultural Product Standards Act
• Designation Of Assignee
• Review Of Administrative Action
• Fee Determination
• Procedural Fairness
• Interpretation Of Statutes