Misleading or Deceptive Conduct and False or Misleading Representations by
Plant Extracts Pty Ltd
Following proceedings brought by Native Extracts Pty Ltd ACN 161 185 913 (Native Extracts), the Federal Court of Australia has found that Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) has engaged in misleading or deceptive conduct and made false or misleading representations in contravention of the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), and that Plant Extracts director, Mr Ross Macdougald, was knowingly concerned in those contraventions.
From July 2016, Plant Extracts sent to customers and prospective customers data packs for Chamomile Extract, Grapefruit Seed Extract, Green Tea Extract, Gotu Kola Extract, Liquorice Extract, Oat Extract, Papaya Extract, Emu Apple Extract, Hops Extract, Olive Leaf Extract and Quandong Extract (Relevant Botanical Extracts) which included certificates of analysis purporting to be from Southern Cross University (SCU) relating to the composition of those extracts.
Plant Extracts produced those certificates of analysis by modifying certificates of analysis sent by SCU to Native Extracts in relation to the Relevant Botanical Extracts, by removing the date, customer, customer reference number, laboratory reference number and job number.
The Court has declared that Plant Extracts thereby made false or misleading representations that it had contracted with SCU to conduct independent testing of each of the Relevant Botanical Extracts, when it had not, and that each of the Relevant Botanical Extracts was of the standard, quality, value, grade or composition, or contained the characteristics depicted in the certificates of analysis when they did not.
The Federal Court has also permanently restrained Plant Extracts from making the misleading representations described above.
Misleading or Deceptive Conduct and False or Misleading Representations by
Plant Extracts Pty Ltd
Following proceedings brought by Native Extracts Pty Ltd ACN 161 185 913 (Native Extracts), the Federal Court of Australia has found that Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) has engaged in misleading or deceptive conduct and made false or misleading representations in contravention of the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), and that Plant Extracts’ director, Mr Ross Macdougald, was knowingly concerned in those contraventions.
From July 2016, Plant Extracts depicted an Organic Food Chain logo on its products in circumstances where it was not certified as organic by the Organic Food Chain Company.
The Court has declared that Plant Extracts thereby made false or misleading representations that it was organically certified, when it was not, and that each of its products were of a particular standard, quality, value, grade or composition, or possessed particular characteristics they did not.
The Federal Court has also permanently restrained Plant Extracts from making the misleading representations described above.
Misleading or Deceptive Conduct and False or Misleading Representations by
Plant Extracts Pty Ltd
Following proceedings brought by Native Extracts Pty Ltd ACN 161 185 913 (Native Extracts), the Federal Court of Australia has found that Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) has engaged in misleading or deceptive conduct and made false or misleading representations in contravention of the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), and that Plant Extracts’ director, Mr Ross Macdougald, was knowingly concerned in those contraventions.
From June 2018, Plant Extracts represented on its website that its Finger Lime and Desert Lime extracts contained the compound “Byangelicin” and that “Byangelicin” improves collagen and elastin production in the skin, is a potent anti-aging active and reduces the potential of early aging.
The Court has declared that Plant Extracts thereby made false or misleading representations that its products contained the compound Byangelicin,
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circumstances where the compound Byangelicin did not exist, and that its products were of a particular standard, quality, value, grade or composition, or possessed certain characteristics when they did not.
The Federal Court has also permanently restrained Plant Extracts from making the misleading representations described above.