Details - Register of offences (prosecutions)

1. Section 18(3); did sell a food namely Fuze brand sparkling apple juice products (“the food”) that was labelled or packaged in a way that falsely described the food for the following reasons;
   • It was represented as predominantly being of a particular nature or substance, namely a kind of fruit juice for which there is a prescribed standard under the Food Standards Code, Standard 2.6.1, and the food did not comply with the said Standard.
   • the particular nature or substance represented to be apple juice did not satisfy the requisite contents requirement for apple juice in that constituents of apple juice, namely certain minerals, flavenoids and other nutrients, had been removed from it so that its properties were diminished as compared with apple juice; and
   • it was not of the nature or substance represented by the manner in which it was labelled, that is, predominantly reconstituted apple juice when it consisted of reconstituted deionised apple juice concentrate predominantly.
2. Section 21(3); did sell a food namely Fuze brand sparkling apple juice (99%) with Cola that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.2.2, Clause 1(b), the food was labelled with a description which was insufficient to indicate the true nature of the food, by the following;
   • The apple juice component of the food contained predominantly a substance which was deionised apple juice concentrate,
   • The deionised apple juice concentrate was made from apple juice which had been processed using ion exchange resins. This process removed certain of the constituents of apple juice namely colour, flavour, minerals, flavenoids and other nutrients so that its properties were diminished compared with apple juice
   • The deionised apple juice concentrate component that was added to the said food by the defendant was therefore not apple juice.
3. Section 21(3); did sell a food namely Fuze brand sparkling apple (96%) and lemon juice that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.2.2, Clause 1(b), the food was labelled with a description which was insufficient to indicate the true nature of the food, by the following;
   • The apple juice component of the food contained predominantly a substance which was deionised apple juice concentrate,
   • The deionised apple juice concentrate was made from apple juice which had been processed using ion exchange resins. This process removed certain of the constituents of apple juice namely colour, flavour, minerals, flavenoids and other nutrients so that its properties were diminished compared with apple juice
   • The deionised apple juice concentrate component that was added to the said food by the defendant was therefore not apple juice.
4. Section 21(3); did sell a food namely Fuze brand sparkling apple (95%) and orange juice that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.2.2, Clause 1(b), the food was labelled with a description which was insufficient to indicate the true nature of the food, by the following;
   • The apple Juice component of the food contained predominantly a substance which was deionised apple juice concentrate,
   • The deionised apple juice concentrate was made from apple juice which had been processed using ion exchange resins. This process removed certain of the constituents of apple juice namely colour, flavour, minerals, flavenoids and other nutrients so that its properties were diminished compared with apple juice
   • The deionised apple juice concentrate component that was added to the said food by the defendant was therefore not apple juice.
5. Section 21(3); did sell a food namely Fuze brand sparkling apple juice with Cola that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.2.4, Clause 4(b), a declared ingredient of the food was not described sufficiently to indicate the true nature of the ingredient, by the following;
   • The ingredient described as ‘Reconstituted quality fruit juice (apple (99%)) contained predominantly a substance which was deionised apple juice concentrate that was made from apple juice which had been processed using ion exchange resins. This process removed certain of the constituents of apple juice namely colour, flavour, minerals, flavenoids and other nutrients so that its properties were diminished compared with apple juice
   • The deionised apple juice concentrate that was added to the food by the defendant was therefore not “reconstituted quality fruit juice (apple 99%)”.
6. Section 21(3); did sell a food namely Fuze brand sparkling apple (96%) and lemon juice that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.2.4, Clause 4(b), a declared ingredient of the food was not described sufficiently to indicate the true nature of the ingredient, by the following;
   • The ingredient described as ‘Reconstituted quality fruit juice (apple (96%) contained predominantly a substance which was deionised apple juice concentrate that was made from apple juice which had been processed using ion exchange resins. This process removed certain of the constituents of apple juice namely colour, flavour, minerals, flavenoids and other nutrients so that its properties were diminished compared with apple juice
   • The deionised apple juice concentrate that was added to the food by the defendant was therefore not “reconstituted quality fruit juice (apple 96%)”.
7. Section 21(3); did sell a food namely Fuze brand sparkling apple (95%) and orange juice that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.2.4, Clause 4(b), a declared ingredient of the food was not described sufficiently to indicate the true nature of the ingredient, by the following;
   • The ingredient described as ‘Reconstituted quality fruit juice (apple (96%) contained predominantly a substance which was deionised apple juice concentrate that was made from apple juice which had been processed using ion exchange resins. This process removed certain of the constituents of apple juice namely colour, flavour, minerals, flavenoids and other nutrients so that its properties were diminished compared with apple juice
   • The deionised apple juice concentrate that was added to the food by the defendant was therefore not "reconstituted quality fruit juice (apple 95%)".
8. Section 21(3); did sell a food namely Fuze brand sparkling apple juice (99%) with Cola that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.3.2, Clause 7, by reason that the food sold by the defendant contained less than 25% of the RDI for vitamin C (none detected) when the food made following statements in respect of the content of vitamin C in the food:
   • "√ vitamin C"
   • ‘Fuze is a blend of 99% fruit juice, … vitamin C … making it a refreshing drink that is actually good for you!’
   • Vitamin C content per 200 ml serving 80 mg (200% RDI).
9. Section 21(3); did sell a food namely Fuze brand sparkling apple (96%) and lemon juice that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.3.2, Clause 9(1), by reason that the food sold by the defendant contained less than the stated (40mg per 100ml serve) or 200% of the RDI for vitamin C ( where only 13.2mg per 100ml or 66% RDI was detected). The food made following statements in respect of the content of vitamin C in the food:
   • “√ vitamin C”
   • ‘Fuze is a blend of 99% fruit juice, … vitamin C … making it a refreshing drink that is actually good for you!’
   • Vitamin C content per 200 ml serving 80 mg (200% RDI).
10. Section 21(3); did sell a food namely Fuze brand sparkling apple (95%) and orange juice that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.3.2, Clause 9(1), by reason that the food sold by the defendant contained less than the stated (40mg per 100ml serve) or 200% of the RDI for vitamin C ( where only 15.2mg per 100ml or 76% RDI was detected). The food made following statements in respect of the content of vitamin C in the food:
    • "√ vitamin C"
    • ‘Fuze is a blend of 99% fruit juice, … vitamin C … making it a refreshing drink that is actually good for you!’
    • Vitamin C content per 200 ml serving 80 mg (200% RDI).
11. Section 21(3); did sell a food namely Fuze brand sparkling apple juice products (“the food”) that was packaged or labelled in a manner that contravened a provision of the Food Standards Code, Standard 1.2.4, Clause 8(2), by reason that the defendant failed by to so describe food additive dimethyl dicarbonate (DMDC) on the label as a preservative when;
    • the food additive DMDC was used by the defendant as an ingredient in the manufacture of the food,
    • DMDC was described on the label of the food as a "microbial control agent"

Fines

(1) $5,500
(2) to (11) $5,500 x10

Total Fines $60,500