The Federal Court of Australia today delivered Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited (No 2)  FCA 1022 (29 September 2014).
Chief Justice Alsopp declared that Coles Supermarkets Australia Pty Limited had from 1 July 2012 been breached the Competition and Consumer Act 2010 (Cth) by displaying the words “Baked Today, Sold Today” in circumstances where only some baking of certain products had taken place on the day on which they were offered for sale.
His Honour declared that the representations were false, misleading and deceptive.
It was ordered that Coles display corrective notices on their website and at their premises. Orders were also made to restrain Coles from engaging in similar conduct over the next three years.