FoodLegal Bulletin, September, 2006

Advertising Claims for Fruit Concentrate Product Draws Ire of the ACCC Show More Info
A recent ACCC decision regarding an Uncle Toby's product has raised questions concerning the legality of making claims about “real fruit” content when a fruit product is in fact made with fruit concentrate. This article illustrates the danger of disregarding the wider legal issues concerning labelling, branding and advertising that go beyond the provisions of the Australia New Zealand Food Standards Code.

ACCC Decision in Nestle case may Encourage More Parallel Imports Show More Info
Parallel importation typically involves the importation of a product carrying the same well-known brand to the local Australian product equivalent but bought legally from a cheaper overseas source. A recent ACCC decision may give impetus to many others considering parallel importation. This 1,900 word article discusses the ACCC decision in detail and explores the legal position and risks involved in parallel importation.

Trans Fat Update Show More Info
Trans fat continues to be a hot topic in the area of food regulation. Since our March 2006 article, an international definition of “trans fat” has been approved and Australian food regulators have decided to consider regulating trans fat labelling. This article provides our analysis of these developments.

More on the Law of Celebrity Endorsements: ACCC v Advanced Medical Institute (No 3) Show More Info
A recent Federal Court decision has reinforced the caution previously expressed by the FoodLegal Bulletin against providing celebrity endorsements or testimonials when they are misleading in advertisements. The Court’s decision should cause advertisers to pause for further thought about the way they go about verifying and obtaining consent for third party testimonials.

Tips on how to Minimise Legal Liability in the Food Laboratory: Part 2 Show More Info
There are legal risks and potential liabilities that arise from the impact of laws on a food laboratory business. This article is the second of a 2-part series of articles outlining key areas of liability risk to be considered by food laboratory operators and technologists. This concluding installment explains the legal risks arising from the Food Act legislation of the States and Territories as well as the liabilities arising from the conduct of employees.

More on the Law of Colours: Woolworths v BP Show More Info
The recent Full Court decision of the Federal Court of Australia in the case of Woolworths v BP provides fresh guidance on the type of protection conferred by the registration of trade marks of colours. The case also demonstrates the importance of drafting the application to register the trade mark for a colour in a manner that is sufficiently capable of legal protection.