The Federal Court handed down its decision late last year on the Pepe’s Ducks ‘open range’ saga, ordering the company to pay $400,000 in penalties.
The company will pay $375,000 in civil penalties and $25,000 in legal costs.
The court also laid down the following orders:
- Pepe’s Ducks may not use the phrases ‘open range’ or ‘grown nature’s way’ on its packaging, website, vehicles, signage, stationery or merchandise for the next three years.
- The image of the 'open range' duck may not be used for a period of three years unless it is accompanied by the phrase 'barn raised.'
- It must implement a trade practices compliance program by February 1, 2013 and maintain it for three years.
- The company must feature corrective notices on its website and premises, and provide them to its customers.
The case arose back in July 2012 when activists captured footage of the so-called 'open range' ducks living in crowded, dirty pens, with many suffering poor health.
The ACCC subsequently filed a writ in the Federal Court, accusing the company of false advertising, objecting to its use of the slogan 'grown nature’s way' and its logo that contains the image of a duck out in the open, walking towards a lake amidst a mountainous backdrop.
A press release published on the ACCC website reads “the ACCC welcomes the Court orders and notes that this decision continues its focus upon protecting consumers from misleading statements regarding food production methods.”
Pepe's Ducks slaughters over 70,000 ducks each week, and is one of the country's largest suppliers of duck meat.