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  News » Nupak & the ACCC

Information Notice

An Important message from Nupak

False, Misleading or Deceptive conduct by Nupak

Following legal action by the Australia Competition and Consumer
Commission (ACCC), Nupak Australia is Pty Ltd (‘Nupak’) has consented
to a declaration being made by the Federal Court of Australia that it
contravened sections 52 and 53 of the Trade Practices Act 1974 (the TPA)
by making false representations and engaging in misleading or deceptive

From at least 4 May 2009, Nupak made representations that ‘Goody’
brand plastic bags were biodegradable and compostable in accordance
with the Australia Standard 4376:2006 (‘the Australian Standard’) and
could be legally supplied in south Australia.

Nupak has consented to a Court declaration that ‘Goody’ brand plastic
bags supplied by Nupak did not biodegrade or disintegrate and contained a
toxic or hazardous substance, and therefore were not complaint with the
Australian Standard.

Nupak has given an undertaking to the Court to refrain from representing
that ‘Goody’ brand plastics bags are biodegradable, compostable or
comply with the Australia Standard unless first receiving independent
scientific testing that supports the claim.

Nupak has consented to orders that it publish corrective notices in The
Advertiser and also to an order to implement a Trade Practices
Compliance and Education Training Program regarding its responsibilities
and obligations under sections 52 and 53 of the TPA. Nupak has paid a
contribution towards the ACCC’s costs of instituting the proceedings.

Nupak has consented to a Court order requiring it to publish the corrective

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