Law: Competition Act, 2010

Section: 10

Competition Act (XIX of 2010)--S. 10---Deceptive marketing practice---Distribution of false or misleading information to consumers---Competition Commission took notice of advertisements of a "Fresh Juice" undertaking, both in print and electronic media claiming to be "100% pure juice"---Undertaking did not supply any supporting document to substantiate their said claim---Packaging and advertisements, prima facie, were in violation of S.10 of Competition Act, 2010---Question that needed to be addressed was, whether, the claim of undertaking with respect to "Fresh Juice" being 100% pure along with contents and ingredients disclosed a fine print at the back of the product, made such marketing of the product deceptive---Images of the front and back of the packaging, made apparent that the claim on the front was "Peach Juice 100% pure", while the back of the bottle bore the claim "Peach Nector"---Clear distinction existed between the two, while the claim "Peace Juice 100% Pure" gave the impression that said juice was directly obtained from the fruit without any additives; the claim "Peach Nector" on the back in contrast gave the impression that the product contained fruit juice/Pure/Pulp, water, sweetners and other additives---Undertaking had admitted that purified water and other natural ingredients were required to be added to the pulp to bring it to liquid form; and that said juice was reconstituted with water---Inference could be that the description provided more closely conformed to the internationally accepted definition of "Nector"---Alternately, the labelling on the packaging did not provide that the said juice was reconstituted with water when the undertaking had submitted such information---Fine print disclosures were inadequate in correcting the deceptive impression---Claim of "100% of Pure Juice" could not be justified as it lacked reasonable basis and mislead consumers into thinking that Fresh Juice was "100% Pure" when it was like any other packaged juice Nector with additives---Undertaking's justification that it had never its intention to lead customers into believing that the juice was without any additives whatsoever, was not…

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