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<pre>Spot the difference.........

Press Release ACCC (extract)

Federal Court Declares Claims about Viva Extra Virgin Olive Oils to be
Misleading, Deceptive

The Federal Court, Adelaide has found that The South Australian Olive
Corporation Pty Ltd and Inglewood Olive Processors Limited engaged in
misleading and deceptive conduct about representations made about Viva
Extra Virgin Olive Oils in television and magazine advertising and on
product labels.

The advertisements and product labelling contained claims that Viva
Extra Virgin Olive Oils were:

* products of Australia;
* made in Australia; and
* comprised entirely of olive oil from Australia

when in fact the oils were a blend that included up to 50 per cent
imported oil.

As Viva Extra Virgin Olive Oils contained up to 50 per cent imported
olive oil they did not meet the test prescribed by the Act and could not
be called or implied to be a ‘Product of Australia’

……………………………………………………..



Product Notice, the Australian Newspaper (extract)

Monday August 18, 2003

Misleading Claims about Viva Extra Virgin Olive Oils

The Federal Court of Australia has declared that representations made by
us, the South Australian Olive Corporation Pty Ltd and Inglewood Olive
Producers Limited, in relation to Viva Extra Virgin Olive Oils were
misleading and deceptive. These representations were made in magazine
and television advertisements for Viva Extra Virgin Olive Oils and on
our product labels during the period January 1999 and 2002.

The advertisements and labels contained claims that Viva Extra Virgin
Olive Oils were;

* products of Australia;
* made in Australia; and
* comprised entirely of olive oil from Australia

when, in fact, the oils were a blend that included approximately one
third imported oil.






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<pre>We should all mourn the loss of Prof Fels as head of the ACCC - because now he
has left the job for a more peaceful life - you can be sure nothing will be done
about the difference in the finding against The South Australian Olive
Corporation Pty Ltd and Inglewood Olive Processors Limited and the notice they
actually placed in the press
----- Original Message -----
From: Roger Farquhar
To: OliveOil@egroups.com
Sent: Wednesday, August 20, 2003 7:20 AM
Subject: [OliveOil] misleading and deceptive


Spot the difference.........

Press Release ACCC (extract)

Federal Court Declares Claims about Viva Extra Virgin Olive Oils to be
Misleading, Deceptive

The Federal Court, Adelaide has found that The South Australian Olive
Corporation Pty Ltd and Inglewood Olive Processors Limited engaged in
misleading and deceptive conduct about representations made about Viva
Extra Virgin Olive Oils in television and magazine advertising and on
product labels.

The advertisements and product labelling contained claims that Viva
Extra Virgin Olive Oils were:

* products of Australia;
* made in Australia; and
* comprised entirely of olive oil from Australia

when in fact the oils were a blend that included up to 50 per cent
imported oil.

As Viva Extra Virgin Olive Oils contained up to 50 per cent imported
olive oil they did not meet the test prescribed by the Act and could not
be called or implied to be a 'Product of Australia'

......................



Product Notice, the Australian Newspaper (extract)

Monday August 18, 2003

Misleading Claims about Viva Extra Virgin Olive Oils

The Federal Court of Australia has declared that representations made by
us, the South Australian Olive Corporation Pty Ltd and Inglewood Olive
Producers Limited, in relation to Viva Extra Virgin Olive Oils were
misleading and deceptive. These representations were made in magazine
and television advertisements for Viva Extra Virgin Olive Oils and on
our product labels during the period January 1999 and 2002.

The advertisements and labels contained claims that Viva Extra Virgin
Olive Oils were;

* products of Australia;
* made in Australia; and
* comprised entirely of olive oil from Australia

when, in fact, the oils were a blend that included approximately one
third imported oil.






[Non-text portions of this message have been removed]



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<pre>The text and format of the corrective notices are dictated by the court
order and any changes would be a breach of that court order. Whilst the
ACCC has stated that Viva provided evidence that up to 50% of oil sold
as Australian was imported the court directed the "approximately one
third" phrase to be made in the corrective notices. The court order was
made with the consent of both parties.

The phase of newspaper notices has been completed, the magazines will be
out soon. The ACCC advise that the magazine notices shall be full page
with border and in colour (the palette of Viva ads). These
gourmet/lifestyle magazines are usually quarterly so the notices will be
apparent for some time.





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