Freshly baked - Well, sort of...: a focus on credence claims

A recent decision of the Federal Court of Australia has placed a sharp focus on the use of credence claims (that is, claims which involve a representation of a premium or special characteristic about a product) in marketing in the Food and Beverage industry.

In a victory for common sense and consumers, the Australian Federal Court has ruled that Coles breached the Australian Consumer Law by labelling its par-baked bread "fresh" in ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 634.

On 18 June 2014, the Federal Court of Australia ruled that Coles engaged in misleading and deceptive conduct when marketing its par-baked bread. Par-baked bread is prepared for sale by applying heat in an oven to partly baked dough that has been snap frozen and stored for a period of time. The bread was partially baked and...