Wine company represented its wine as having an affiliation with a prestigious Bordeaux winery
The Federal Court has ruled that a wine company engaged in misleading and deceptive conduct by falsely representing its wine as having an affiliation with a prestigious Bordeaux winery.
The court found that by promoting and selling the “New Certan” wine, Kreglinger Wine Estates Pty Ltd and Pipers Brook Vineyard Pty Ltd falsely represented that the wine had the approval of, or affiliation with, the renowned Vieux Château Certan (VCC) in Bordeaux, France. These representations, made without any actual endorsement or connection, violated sections 18 and 29(1)(g) and (h) of the Australian Consumer Law (ACL).
The court stated that the “New Certan” wine’s presentation and labeling misled consumers into believing it had a significant connection to VCC. This was particularly problematic given VCC’s brand’s historical and prestigious nature.
The court made several declarations and orders, including declaring that Kreglinger and Pipers Brook engaged in misleading and deceptive conduct by falsely representing an affiliation with VCC. The court also issued injunctions restraining Kreglinger and Pipers Brook from bottling, supplying, or distributing any “Prior Branded New Certan Wine” and from using specific promotional texts linked to the VCC. Additionally, the court ordered the removal of images and descriptions of the “Prior Branded New Certan Wine” from specified websites, including the Halliday Wine Companion and other major retail sites. Moreover, the court restricted Paul de Moor, who was involved in the promotion, from aiding or abetting any future conduct contravening these orders.
The Federal Court emphasized the necessity of these measures to prevent further consumer deception and protect the integrity of wine marketing practices. This ruling highlighted the standards set by Australian Consumer Law regarding truthfulness in product promotion and the severe consequences of misleading conduct.
In response to the court’s findings, Kreglinger and Pipers Brook undertook not to advertise, offer for sale, or sell any remaining stock of the “Prior Branded New Certan Wine” or remove related content from online platforms. The court accepted these undertakings but also imposed additional restrictions to ensure compliance and prevent recurrence. The comprehensive measures ordered by the court aim to rectify the misleading conduct and safeguard consumer interests.
Source: thelawyermag.com
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