Federal Court rules a high sugar food was not compatible with a ‘healthy’ claim

On 19 March 2018, the Federal Court found that food manufacturer H.J. Heinz had included a misleading claim about its Little Kids Shredz products being beneficial for young children. The Court upheld one of three of the ACCC’s claims that Heinz had contravened Australian Consumer Law. This article examines the case and its implications for how the Australian Consumer Law can be adversely enforced against a ‘health claim’ even when it is completely compliant with the Australia New Zealand Food Standards Code.