On Friday 11th September, the Federal Court handed down judgment in ACCC v RL Adams Pty Ltd  FCA 1016.
The Australian Competition and Consumer Commission alleged, and Darling Downs Fresh Eggs admitted that from 31st December 2013 to 6th October 2014, the egg company marketed and labelled eggs as ‘free range’, when in fact the hens were confined to barns where the doors were kept shut at all times so that none of the laying hens were able to move around freely on an open range or had access to the outdoors. The court ordered that Darling Downs Fresh Eggs pay a pecuniary penalty of $250,000.
The judgment comes after the Federal Court last year applied Australia’s first major fine for misleading egg labelling.
John Baartz appeared for ACCC, instructed by Norton Rose Fulbright (with Stephen Davies SC).
Please click here for related press coverage of the case.