H.J. Heinz Company Australia Ltd (‘Heinz’) has been ordered to pay a $2.25 million penalty in the case of Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited (No 2)  FCA 1286. Alongside the penalty, Heinz was also ordered to establish a Consumer Protection Law Compliance program for misleading the public about the nutritional content of one of its products for toddlers.
In June 2016, the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Heinz, alleging that Heinz made false and misleading representations in relation to its line of Little Kidz Shredz products. In particular the ACCC alleged that the images and statements in the advertising and promotional material for these products claimed that the products were of equivalent nutritional value to fruits and vegetables, and were a healthy food for children aged from one to three years. The products’ packaging included images of fresh fruits and vegetables and featured statements relating to the nutritional content of the products.
In March 2018, the Federal Court found that the packaging of the Little Kidz Shredz product made false and misleading statements in the case of ACCC v H.J. Heinz Company Australia Ltd  FCA 360. For more information, please read TimeBase’s earlier article.
Justice White, sitting alone, made the following orders:
Justice White made the following comment on the misleading nature of the products:
Justice White further noted the importance of considering the serious and extensive nature of the contraventions as well as the need for deterrence in relation to the penalties imposed:
In a, Chairman Rod Sims stated:
The media release indicated that the ACCC is considering the judgement.
Heinz managing director Bruno Lino as saying that Heinz respected the decision made.
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Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited (No 2)  FCA 1286.
[media release]Australian Competition and Consumer Commission (ACCC) ‘,’ 24 August 2018.
Rebecca Opie, ‘,’ ABC News, 24 August 2018.
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