Cordial Case Fruitless for Cottee's
Publication: The Australian
Date: 4 May, 2004
Author: Barclay Crawford
SEEMS dad never picked the fruit that goes to Cottee's - at least not the bananas and mangoes or apples and kiwi fruit in two of the company's more recent cordial concoctions.
Cadbury Schweppes Pty Ltd, which owns the iconic Aussie brand with the famous jingle, has been found to have breached the Trade Practices Act because two of its cordials did not contain any fruit.
The Federal Court found pictures of the fruit, and the use of "banana mango" and the slogan "Go Bananas" on the label, would lead consumers to mistakenly believe the drinks contained the fruit.
The Australian Competition and Consumer Commission took the action in February 2002, alleging false, misleading and deceptive conduct by the company.
Cadbury Schweppes had argued using the term "flavoured cordial" was enough for consumers to realise the drinks did not contain any fruit.
But Justice Peter Gray ruled the use of the pictures of fresh fruit would have led consumers to believe the drinks contained fruit extracts.
ACCC chairman Graeme Samuel said with consumers taking more care of their health and scrutinising the contents of the products they buy more closely, it was vital that companies told the truth.
The company has stopped making banana mango cordial and has relabelled the apple kiwi flavoured variety.