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A NSW plant-based milk manufacturer has been convicted and fined $120,000 in the NSW Supreme Court for providing incorrect storage instructions on some of its products.
Inside Out Nutritious Goods Pty Ltd pleaded guilty to 10 NSW Food Act 2003 offences that related to contravening a labelling provision of the Australia New Zealand Food Standards Code.
The court heard that between 24 October 2022 and 12 January 2023, Inside Out sold 198,550 bottles of oat and almond milk products which, despite requiring refrigeration for safety, were incorrectly labelled with the directions “Once opened, keep refrigerated and consume within 5 days”.
In January 2023 a man fell seriously ill after consuming the mislabelled Inside Out almond milk, which had been stored in a cupboard. He was hospitalised for 188 days, including 147 in intensive care. He was later diagnosed with botulism - a rare but serious illness that causes paralysis - after the milk he drank tested positive for Clostridium botulinum.
The NSW Food Authority brought charges against Inside Out for 10 offences – one for each of the 10 batches of incorrectly labelled products sold to NSW Woolworths stores.
The court heard the storage directions were prepared for an Ultra High Temperature (UHT) product and inadvertently used on refrigerated products due to human error. Proof-reading by Inside Out did not detect the error.
Justice Anthony Payne acknowledged that Inside Out’s offences were an “honest oversight” but that potential harm was “significant”.
Inside Out was convicted of each offence and ordered to pay fines totalling $120,000 plus $75,000 professional costs.
NSW Food Authority’s acting CEO Andrew Davies said all food manufacturers were required to include directions for storage where they were needed for health and safety reasons.
“Food labels are an important tool to help consumers make informed decisions and consumers need to be able to trust the products they buy,” Mr Davies said.
“Every food business has a big responsibility to ensure their products are safe and to comply with food safety laws – people’s health is at stake.
“The vast majority of food businesses in NSW do the right thing, but for the few that fail to do so, we will take action to ensure the safety of food in NSW.”
See also: Inside Out.