Online ready meal maker EasyMeals has admitted it misled consumers by saying its meals were suitable for diabetics.
According to the Australian Competition and Consumer Commission (ACCC), EasyMeals admitted it contravened the Australian Consumer Law (ACL) by representing that EasyMeals’ meals were suitable for all diabetics, when in fact, the suitability of the meals depends upon the individual diabetic, their diet, and the severity of their condition.
The ACCC said its investigation was prompted by a complaint from Anglicare Northern Territory, on behalf of a newly arrived migrant who was not fluent in English. The consumer had received telemarketing calls from EasyMeals, during which EasyMeals represented that its meals would be suitable for the consumer’s diabetes.
According to the ACCC, EasyMeals also represented to consumers they could get a free meal just for providing their contact information, when this was not the case, and it also entered into unsolicited consumer agreements, by telemarketing, and did not provide to consumers documents required by the Australian Consumer Law.
EasyMeals said it has since refunded the consumer, undertaken an internal investigation aimed at implementing corrective measures, cooperated with the ACCC’s investigation, and agreed to rectify its practices to ensure future compliance with the ACL.
EasyMeals also offered a court enforceable undertaking prohibiting it from engaging in similar conduct for a period of three years. It must also implement and regularly reviewing an ACL compliance program, and place a corrective notice on its website for a period of 60 days.
“Businesses supplying food products must take particular care to ensure that they do not misrepresent the suitability of their products for consumers with particular health conditions, such as diabetes or allergies,” ACCC deputy chair Delia Rickard said.
“False or misleading representations of this type can have serious consequences for consumers with these conditions who rely on the representations”.
Rickard also said consumer protection issues impacting on vulnerable and disadvantaged consumers, especially those new to Australia, is a current enforcement and compliance priority for the ACCC.
