On 18 June 2014, the Federal Court found that claims made by Coles Supermarkets Australia Pty Ltd (Coles) that its ‘Cuisine Royale’ and ‘Coles Bakery’ bread was ‘Baked Today, Sold Today’ and in some cases ‘Freshly Baked In-Store’ were false, misleading and deceptive.

These bread products were partially baked and frozen off-site by a supplier (in the case of Cuisine Royale, this baking and freezing took place overseas), transported and ‘finished’ at in-store bakeries within Coles supermarkets.

In his judgment, Allsop CJ said that Coles should “make it tolerably clear to the public that the recent baking was the completion of a baking process that had taken place sometime before, off site, and that “freshly baked” actually meant the completion of the baking process of frozen product prepared and frozen off site by suppliers”.

A hearing will be held in the Federal Court a later date to determine the appropriate relief.