21 November 2005
In November 2005, the OPC organisations complained to the Australian Competition and Consumer Commission about Uncle Tobys’ marketing of its ‘Fruit Roll-Ups’. The complaint alleged that Uncle Tobys was marketing its Fruit Roll-Ups as if they were fruit in a flattened form or the equivalent of real fruit, and therefore as healthy as fruit (when in fact they contained little fruit and were very high in sugar). Therefore, Uncle Tobys' conduct was misleading and deceptive, and breached the Trade Practices Act.
The Australian Competition and Consumer Commission investigated the complaint and took the view that Uncle Tobys’ marketing misrepresented the composition of Roll-Ups to consumers and was potentially misleading and deceptive. The Australian Competition and Consumer Commission obtained court enforceable undertakings from Uncle Tobys, including that it would withdraw its ‘Roll-Ups Reels Fruit Shrink’ TV advertisement, and that it would stop claiming that Roll-Ups are ‘Made with 65% real fruit’ or made by flattening fruit into strips, or making claims about the percentage of fresh fruit in Roll-Ups based on the quantity of fresh fruit used to make the concentrated fruit paste in the product. Uncle Tobys also undertook to review its trade practices compliance procedures, and to write to other food manufacturers about the importance of accurate advertising.