A High Court judge has ruled in Whiskas’ favour in a scrap over cat food advertising.
Whiska’s parent Mars had been sued by Nestle, which distributes Purina pet food.
Nestle claimed the Whiskas’ dry range cat food packets, which said “Highest Level of Protein”, were misleading.
The packaging was accompanied by a qualifying box that said: “*highest level of protein in New Zealand based on the average of the WHISKAS® dry range, compared with the average of leading dry cat food ranges sold by competitors in supermarkets, excluding OPTIMUM®”
Nestle wanted a declaration that Mars had breached the Fair Trading Act, and to stop Mars from continuing such packaging.
Its lawyer, Laura O’Gorman, said although the claim might be literally true, it is still misleading.
Mars’ lawyer, Simpson Grierson special council Tracey Walker, said the qualifying text is prominent and makes a fair comparison. She also told the court shoppers are able to compare nutritional information on the packet as well.
Justice Pamela Andrews said there was a serious issue as to whether the protein claim is misleading or deceptive, but an injunction was not needed in the meantime. (see the judgment attached)
The judge said the protein claim had been on Whiskas’ packaging since 2010, and there was no evidence presented that showed consumers were being misled.
The parties were directed to case management for next steps.
This article is tagged with the following keywords. Find out more about MyNBR Tags
Most listened to
- “A very ballsy thing to do” – Rodney Hide and Kelvin Davis discuss Serco’s response to Correction’s Mt Eden Prison report
- “The response from shareholders has been overwhelming” — A2 Corporation chief executive Geoff Babidge
- Greg Gent says a board of 13 people is "prehistoric"
- Arvida CEO Bill McDonald on his company's half-year net profit
- Lance Wiggs on the future of food exports
- Auckland Councillor Chris Darby on the Council's alternative funding report
- Nevil Gibson discusses his latest Editor's Insight on oil prices
- Campbell Gibson, Nick Grant and Chelsea Armitage chat about the inner workings of New Zealand media
- Paul Brislen discusses the 'snake oil' sales tactics of SalesConcepts
- Fonterra chief executive Theo Spierings reveals his ambitious China plan
- UDC Finance chief executive Wayne Percival talks about the company's profit
- Hamish McNicol discusses the latest court stories