On 30 October 2013, the Federal Court ordered that Baiada Poultry Pty Ltd and Bartter Enterprises Pty Limited, processors and suppliers of Steggles branded chicken products, pay a combined total of $400,000 in civil pecuniary penalties for engaging in misleading or deceptive conduct and making false representations that its chickens were “free to roam in large barns”, “free to roam” or able to “roam freely”. The peak industry body for Australia’s chicken meat industry, the Australian Chicken Meat Federation Inc was also ordered to pay $20,000 in penalties. 

On 1 November 2013, the Federal Court ordered by consent that Luv-a-Duck Pty Ltd pay $360,000 in civil pecuniary penalties for engaging in misleading or deceptive conduct and making false representations that its ducks were “grown and grain fed in the spacious Victorian Wimmera Wheatlands” and/or “range reared and grain fed”.

These cases are reflective of the ACCC’s enforcement priority against credence claims.