Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited [2018] FCA 360

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited [2018] FCA 360 File number: SAD 181 of 2016

Judge: WHITE J

Date of judgment: 19 March 2018

Catchwords: CONSUMER LAW – H.J. Heinz Company Australia Ltd (Heinz) manufactures and supplies food products – Heinz supplied three "Shredz" products as appropriate for 1-3 year old children – whether the packaging of the products conveyed representations that they were of an equivalent nutritional value to the natural fruit and vegetables depicted on their packaging (the Nutritional Value Representations) – whether the packaging of the products conveyed representations that they were a nutritious food and beneficial to the health of children aged 1-3 years (the Healthy Food Representation) and, if so, whether the representations were misleading or deceptive, or likely to mislead or deceive – whether the packaging conveyed representations that the products would encourage the development of healthy eating habits for children aged 1-3 years (the Healthy Habits Representation) – whether Heinz knew or ought to have known that the representations were made and that they were misleading or deceptive. Held: 1. Neither the Nutritional Value Representations nor the Healthy Habits Representations were conveyed by the packaging. 2. The Healthy Food Representations were conveyed and were misleading or deceptive insofar as they represented that the products are beneficial to the health of children aged 1-3 years; 3. Heinz ought to have been aware that the Healthy Food Representations had been conveyed and that they were misleading or deceptive; and 4. Contraventions of s 18(1) and s 29(1)(g) of the Australian Consumer Law are established.