The competition watchdog has taken action against Darling Downs Fresh Eggs in the second case relating to free range claims in as many weeks.
The Australian Competition and Consumer Commission (ACCC) is alleging that RL Adams, which trades as Darling Downs Fresh Eggs, made false or misleading representations that its eggs were free range.
According to The ACCC, from 31 December 2013 to 6 October 2014, Darling Downs Fresh Eggs supplied eggs marketed and labelled as ‘free range’ when in fact the laying hens had been continuously confined to barns and had never had access to the outdoors.
Darling Downs Fresh Eggs supplied eggs represented as free range under its own ‘Mountain Range’ label and under the ‘Drakes Home Brand Free Range’ label.
Darling Downs Fresh Range Eggs also supplied eggs represented as free range to other producers who used them to supplement their own free range egg supply.
“Consumers are entitled to rely on ‘free range’ claims made by producers,” ACCC chairman Rod Sims said.
“The ACCC considers ‘free range’ eggs to mean that the laying hens can and do go outside and move around freely on an open range on most days. The ACCC considers that the alleged misrepresentations in this case are particularly serious, because it is the ACCC’s case that the Darling Downs Fresh Eggs hens were never given outdoor access."
Earlier this month, the ACCC took action against two suppliers, Derodi and Holland, which have a business called Free Range Egg Farms that supplies eggs under the Ecoeggs label nationally, and under the Port Stephens and Field Fresh Free Range Eggs labels in NSW.
In September, the Federal Court handed down a $300,000 penalty against Pirovic after finding that its 'free range' egg representations were false or misleading.
