NSW Food Authority v National Foods Milk Limited

The NSW Food Authority (the Authority) sought to restrain National Foods Milk Limited (National Foods) from continuing to sell milk products that allegedly breached the *Food Act 2003* (NSW) and the Australia New Zealand Food Standards Code. The Authority alleged that National Foods had engaged in misleading and deceptive conduct by advertising its milk products as containing a specific level of calcium, when in fact, the calcium content varied and was often lower than represented. The matter came before Williams J in the Supreme Court of New South Wales.

The central legal issue before the Court was whether National Foods' advertising and labelling of its milk products constituted a contravention of the *Food Act 2003* (NSW), specifically concerning the provision of false or misleading information about the composition of food. This involved an interpretation of the relevant provisions of the Act and the Food Standards Code, particularly those relating to the accuracy of nutritional claims made on food packaging and in advertising. The Court was required to determine if the representations made by National Foods about the calcium content of its milk were factually accurate and, if not, whether such inaccuracies amounted to a breach of the statutory obligations.

Williams J considered the evidence presented regarding the calcium content of National Foods' milk products over a period of time, comparing it against the representations made on the packaging and in advertising. The Court applied the principles of statutory interpretation to the *Food Act 2003* (NSW) and the Food Standards Code, focusing on the objective meaning of the representations made and the factual accuracy of those representations. His Honour found that National Foods had indeed contravened the Act by making representations about the calcium content of its milk that were not consistently substantiated by the actual levels of calcium present in the products, thereby engaging in conduct that was misleading or deceptive regarding the composition of the food.

The Court made orders restraining National Foods from continuing to make the representations found to be in contravention of the *Food Act 2003* (NSW).