Arnott’s misled customers over fat in Shapes varieties, ACCC says

BISCUIT icon Arnott’s has copped a $51,000 fine for allegedly misleading consumers about saturated fat content in its healthier Shapes varieties.

Arnotts Shapes Light & Crispy Balsamic Vinegar & Sea Salt

BISCUIT icon Arnott’s has copped a $51,000 fine for allegedly misleading consumers about saturated fat content in Shapes Light & Crispy varieties.

The nation’s consumer watchdog says prominent wording on packs gave the impression that the savoury biscuits had “75 per cent less saturated fat” than original Shapes, when in fact they contained about 60 per cent less.

The Australian Competition and Consumer Commission said only a fine print disclaimer noted the health claim compared the fat content to potato chips cooked in 100 per cent palm oil.

Most potato chips supplied in Australia are not even cooked in palm oil.

“Consumers should be able to trust the claims that businesses make to sell their products. Small print disclaimers cannot correct false or misleading representations which are made in a prominent way in advertising or on packaging,” ACCC chairman Rod Sims said.

Arnott’s admitted its conduct was likely to have contravened Australian Consumer Law.

“Businesses must ensure that any comparison claims they make are accurate and based on meaningful comparisons for consumers. This is particularly the case regarding claims that involve healthier eating.

“Truth in advertising, particularly where misleading claims are made by large businesses, is a priority enforcement area for the ACCC.”

The ACCC issued five infringement notices regarding four flavours and a multipack sold from October last year to July this year. It said it had “reasonable grounds” to believe Arnott’s had made a false or misleading representation.

Arnott’s admitted its conduct was likely to have contravened Australian Consumer Law.

It has provided a court-enforceable undertaking to not engage in similar conduct for three years, and will publish a corrective notice on its website.

Arnott’s said it had phased out packs displaying the claim.

“Arnott’s acknowledges it was not made sufficiently clear to consumers that Shapes Light & Crispy was intended to be compared to potato chips, rather than the original Shapes savoury biscuits ...,” it said in a statement.

“Arnott’s further acknowledges the ACCC’s concerns about the appropriateness of this comparison where approximately 80 per cent of potato chips available in Australia are not cooked in palmolein oil.

Although the claim had been removed from packs, the product recipe and ingredients remained the same.