FoodLegal Bulletin, October, 2007

Queensland Food Act moves in the wrong direction: What happened to simplification and national uniformity? FREE Show More Info
FREE ARTICLE!
The Food Act 2006 (Qld) came into operation 1 July 2007. It is a peculiar mix of some very retrograde and prescriptive legislation. This article identifies some very disconcerting provisions of the Food Act 2006 (Qld) and discusses how they could fail if the objective was to have been a better food safety outcome.

How laws can aid marketing for Special Diets and Weight Loss Foods Show More Info
Many may be unaware that the Australia New Zealand Food Standards Code currently prohibits the making of any claims to the effect that a food has weight reduction properties. Yet for years, diet food products have been sold on the basis that they will help consumers lose weight. In this article we examine the legal avenues and risks that need to be considered in order to market such foods to consumers.

Legal Tips and Traps for Contract Manufacturing Show More Info
It is common nowadays for companies to be contracting out the manufacturing function. Many food companies have become brand marketers and leave it to a contractor to provide the actual product to be branded with the brand belonging to the food marketing business. Home brands are just an example of this on a larger scale. This article examines some of the legal issues to be considered in relation to contracting out arrangements from both the perspectives of the brand owner and the manufacturer.

Big Risks for Food Retailers in new Anti-predatory pricing laws Show More Info
Small business operators have long claimed that the large supermarkets were pushing them out of the market with “below cost selling” pricing strategies. In June 2007, the Federal Government introduced the Trade Practices Legislation Amendment Bill (No. 1) 2007 (‘the Bill’) which among other changes, included provisions to clarify the law on predatory pricing. Later in September, the government accepted and incorporated what has now become known as the ‘Birdsville Amendment’ which made sweeping changes to the law on predatory pricing. The Bill as amended was passed on 18 September 2007 to await Royal Assent (before coming into force). This article looks at the new laws of predatory pricing and their potential impact.

Court creates new Legal Liability for Broadcasters and Publishers: Implications for Representations about Food Show More Info
The Federal Court of Australia recently handed down a landmark decision on publisher and broadcaster liability for misleading or deceptive conduct under Section 52 of the Trade Practices Act 1974. The case may have wide-ranging implications for media outlets and advertising agencies. As one of the largest advertising sectors, the food industry in Australia will be affected. This article looks at the decision and the possible implications for broadcasters, publishers and advertising agencies in relation to representations about food.

Is "Name and Shame" a winning game? Are there better options? Show More Info
The New South Wales government has a policy for publicising and shaming food outlets that breach food safety laws. Does this “name and shame” process really work as a method of food safety law enforcement? While the publicly-stated aim of a “name and shame” policy is to give consumers easier access to information about successful food convictions, does it really give greater peace of mind by enabling them to make better choices about where to eat? This article reviews the policy and considers its limitations and better alternatives with a stronger focus on food safety outcomes.

Recent Developments on Food Law Issues Show More Info
Recent developments in food law include:
1. Debate over A1 and A2 milk
2. Court hands down decision in livestock export contamination case
3. “Meat Pie food standard” gazetted