Around this time last year, Supermarket chain Coles were taken to Federal Court over some Malcolm Tucker-level semantic fuckery. They were caught out after someone noticed that their “baked today, sold today” bread was only one of those things.
The phrase “baked today, sold today” conjures up images of a wholesome country bakery from a simpler, better time when men were men; or, at the very least, conjures up the notion that the bread in question is actually freshly bloody baked.
The ACCC accused Coles of misleading customers with that phrase when, in actual fact, various products from the ‘Cuisine Royale’ and ‘Coles Bakery’ ranges were imported, partially-cooked, from overseas factories, and then frozen for up to six months until ready for sale.
The case required Coles to prove that the average customer would assume “baked” means something other than “baked from scratch.” Their lawyers argued that everyone sorta kinda knows that supermarket bread is not fresh and that the ACC should calm the hell down.
The Federal Court were unconvinced, and today, they found Coles guilty of misleading shoppers. Under Australian consumer law, the supermarket could now face fines of up to $1.1 million for each offense.
More than half of the bread sold in Australia comes from supermarkets. The Coles case could therefore have important ramifications for the ways in which our other supermarket chains, who are also known to import bread from Europe, advertise their product.
How they will rise to the occasion is anybody’s guess.
via Financial Review
Photo: Paul J. Richards via Getty Images
