Essay on Case Analysis Of ' Accc V Coles Supermarket '

960 Words May 9th, 2015 4 Pages
ACCC v Coles Supermarket was heard in the Federal Court of Australia by Chief Justice Allsop. The ACCC took issue with the advertising of products sold in Coles In-store Bakery’s. In particular, relief was sought concerning par-baked bread, which is bread that has been partially baked, then frozen and is re-heated at Coles Bakery’s. Companies should indeed advertise a product by ‘praising its virtues’ but not to the extent that it misleads the public. The decision echoes an increased attention on labelling laws in Australia and highlights the tension surrounding A company’s right to use marketing campaigns to maximise profits, and the right of the consumer to know what they are buying so as to not be ‘lead into error’. It was clear that the “dominant message” of Coles’ advertising must be found to determine whether it was misleading and deceptive.
I. Facts and Claims
The ACCC (Applicant) brought a case against Coles Supermarket (Respondent) regarding the advertising of par-baked bread. Coles uses three common ofrms of making bread; ‘from scratch’, ‘baked in store from frozen dough’, and ‘par-baked’. Coles used the phraseology “Baked today, sold today” on the packaging of its in-store bakery bread allegedly to represent that it was entirely baked on the same day that it was sold when a significant part of the baking did not occur on the premises. Coles In-Store Bakery products also exhibited the phrase “freshly baked in store” on the packaging and signage nearby read…

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