Arnotts's Biscuits has paid $51,000 in penalties relating to the saturated fat claims it's been using on its Shapes Light & Crispy products.
The claims on four varieties of Shapes Light & Crispy and a multipack implied the product contained “75% less saturated fat” than Arnott’s original Shapes biscuits, when the figure was closer to 60 per cent less, according to the Australian Competition and Consumer Commission (ACCC).
The ACCC said that the “75% less saturated fat” representation was actually comparing Shapes not to original Shapes but to potato chips cooked in 100 per cent palm oil, according to a fine print disclaimer at the bottom of the packs.
Even if potato chips had been an appropriate comparison for the saturated fat content of Shapes Light & Crispy, the ACCC said, only around 20 per cent of potato chips sold in Australia are cooked in palm oil, so the representation could still have been misleading.
The ACCC issued the infringement notices, it said, because it had reasonable grounds to believe that Arnott’s made a false or misleading representation about the composition of Shapes Light & Crispy, in breach of the Australian Consumer Law.
“Consumers should be able to trust the claims that businesses make to sell their products. Small print disclaimers cannot correct false or misleading representations which are made in a prominent way in advertising or on packaging,” ACCC Chairman Rod Sims said.
“Businesses must ensure that any comparison claims they make are accurate and based on meaningful comparisons for consumers. This is particularly the case regarding claims that involve healthier eating.”
The ACCC can issue an infringement notice where it has reasonable grounds to believe companies have contravened consumer protection laws.
