A couple of years ago, I wrote about Jodies Fishery, the “totally bogus” product that made headlines when it was revealed that it had been marketed to customers who were not qualified to buy it.
The claim, which is based on the fact that only certain people have the required medical knowledge and/or training to make an informed decision, was a big no-no for anyone who cared about the health of the marine environment.
But the claim didn’t make headlines because it was wrong.
It made headlines because the people who made it knew that it was not right.
The product was sold as a “wildlife food”, which is misleading because it ignores that it is made by the same company that produces the meat products that many of us consume every day.
The company has been fined $100 million by the Australian Competition and Consumer Commission (ACCC) over its failure to meet its obligations to make the product safe for consumption.
In a submission to the court, Jodias Fishery acknowledged that it made the product “in error”.
The company said it had made a mistake when it sold the product to a “specialist”.
This was because it had not met its requirements of quality assurance, but it said the “specialists” were not trained to make such a product.
But it was clear that the product was marketed to the public in this way because of the advertising.
It was marketed as “wild life food”, a misleading title, because it ignored that it has been marketed as such by the company that makes it.
In its submission to today’s hearing, Jods said that it “admits the product is unsuitable for humans” and that “inaccurate information” was sold about the product.
It said that the only way to determine whether a product was unsuitable is to “conduct a clinical test to evaluate whether it is suitable for a person”.
It said it is “not able to produce an accurate food profile” because the product’s “animal source” is a “toxic and unnatural environment”.
It argued that the fact the product can be made “in a manner which is likely to result in harm” is “an indication that the use of the product by a person does not meet the requirements of the Food and Drug Act and that a health certificate is required.”
But this was not true.
Jodises claims that “wild meat is a highly processed product which contains high levels of mercury, mercury-contaminated feedstock, and potentially dangerous levels of other substances” are “misleading and misleading”.
And it is misleading for consumers to see that it contains “animal feed”.
The FDA and the ACCC both concluded that Jod’s product did not meet “the requirements of its labeling requirements”.
They concluded that the company “failed to adequately verify the food’s safety for human consumption”, and that the “product’s composition and nutritional composition are not representative of wild meat”.
It also said that Jods “has failed to provide sufficient information to make its product appropriately suited for human dietary intake”.
In fact, the company said that “it does not claim to be a certified meat and seafood expert”.
The product is labelled as “Wild meat”.
That is misleading.
The animal feed has been linked to “fatal liver failure”, “death of fish, turtles, frogs, and amphibians” and to “numerous other adverse health impacts”.
The manufacturer’s marketing materials indicate that the products are intended for “commercial use”.
They also say that the food is “produced under strict conditions of supervision”.
The products also say they are “pure and unadulterated”.
These are misleading claims.
And the company also admitted that “the product’s content has been misrepresented”.
The court also found that the marketing materials are misleading because “they fail to provide any factual support” for the claims about the food, “such as that the foods are safe for human nutrition or that they are safe in terms of human consumption.”
It noted that the manufacturer’s “promotion of the products is misleading in that it implies that the safety of the food and the food ingredients is assured by the food industry’s ‘factory standards’.” It noted also that the representations that “consumers may have about the foods and their nutritional contents is based solely on a marketing brochure” and the company’s “statement on the packaging.”
And it said that because of its marketing activities “it appears that J Dodys does not know the risks posed by its products”.
But Jodyss has a history of misleading claims about products, and its misrepresentations about products are often the product itself that is misrepresented.
A review of its own marketing material shows that the claim that the animal feed is safe for humans is misleading: In the brochure, it is stated that the meat and fish products are processed by “the finest and most ethical, best-managed and most environmentally sound producers and handlers”.
But the brochures claims