Egg wholesaler ‘free range’ claims disputed by ACCC

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Perth Federal Court against a local egg wholesaler, C I & Company (C I & Co), for alleged contraventions of the Trade Practices Act 1974.

The ACCC alleges that:

• from at least 1 January 2006 until around 1 June 2008 C.I. & Co Pty Ltd labelled and marketed cartons of eggs prominently using the words ‘free range eggs’ when in fact the contents were not free range

• from 1 June 2008 until around April 2010 Antonio Pisano and Anna Pisano, trading as C I and Co labelled and marketed cartons of eggs prominently using the words ‘free range eggs’ when in fact the contents were not free range; and

• from around April 2010 until around June 2010 Antonio Pisano and Anna Pisano, trading as C I and Co labelled and marketed cartons of eggs prominently using the words ‘Fresh- Range Omega -3’ and created the overall impression that the eggs were free range, when in fact the contents were not free range.

The ACCC alleges that C.I.& Co Pty Ltd, by engaging in the egg substitution, has breached sections 52, 53(a) and 55 of the Act and Antonio Pisano and Anna Pisano have breached section 55 of the Act. The ACCC seeks declarations, injunctions and orders for costs against all parties, corrective notices by Antonio Pisano and Anna Pisano, and an order imposing a civil pecuniary penalty on Antonio Pisano.

A directions hearing is listed for Monday, 25 October 2010, before Justice Barker.