The proceeding concerns claims by Greenpeace that a label on Anchor butter sold in New Zealand supermarkets between December 2023 and April 2025 (below, the Label ) was misleading and in breach of the Fair Trading Act 1986 because the diet of cows whose milk was used to make the butter included non-grass feed including palm kernel expeller ( PKE ) (an imported supplemental feed).* Fonterra accepts that the use in the Label of the two phrases ‘100% New Zealand’ and ‘Grass Fed’ in combination with each other was likely to mislead some New Zealand consumers, particularly those unaware of the nature of the feeds that are provided to dairy cows, and was in breach of s 9 of the Fair Trading Act 1986. The claim did not put in issue the question of whether or not the phrase “Grass Fed” on its own was misleading, and Fonterra makes no admission that the words “Grass Fed” in isolation are likely to mislead. Fonterra has removed the Label from its Anchor butter packaging and has undertaken ...
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