Baiada (owner of Steggles) and Bartter, which supply meat chicken products, have been fined $400K in respect of their misleading ‘free to roam’ representations by Tracey J of the Federal Court sitting at Melbourne on Wednesday 30 October 2013. The companies together with the Australian Meatchicken Federation had been previously found (in a separate judgement handed down on 8 July 2013) to have misled consumers in reliance on the term ‘free to roam’ in marketing, advertising and on-line publication. On 8 July 2013 the question of penalty had been adjourned for later submissions, resulting in this week’s fines by the Federal Court. Here is the link to the interview with our Chair, Graeme McEwen, on 8 July 2013 on ABC Radio current affairs program, “PM”:http://www.abc.net.au/pm/content/2013/s3798546.htm

In 2010 the Panel raised its detailed concerns over an extended period with the ACCC over marketing claims by poultry producers that their meat chickens had been ‘free to roam’ in large sheds. The ACCC subsequently initiated proceedings against Turi Foods, Baiada (owner of Steggles), Barrter and the Australian Chicken Meat Federation.

Much earlier in the proceeding, on 23 January 2012,  the remaining respondent, Turi Foods Pty Ltd (La Ionica), had admitted to misleading and deceptive conduct in describing birds raised in its sheds as ‘free to roam’. That day Justice Tracey of the Federal Court of Australia imposed a penalty of $100,000 and made orders for corrective advertising.

For the Federal Court judgement this week imposing the fines see  http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2013/2013fca1109 .

See further generally : http://bawp.au/meat-chickens-the-accc-case/