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A public disclosure from Australian Co-operative Foods Limited

Following legal action by the Australian Competition and Consumer Commission, the Federal Court of Australia has declared that Australian Co-operative Foods Limited (ACF) in contravention of the Trade Practices Act 1974 made false and misleading representations by supplying Romano style cheese packaged as Parmesan style cheese.

Between 6 February 2008 and 19 March 2008 ACF supplied to wholesalers and retailers certain cheese products under the "Mil Lel" brand name and the Aldi "Westacre" brand in packaging that described the cheese as Parmesan style cheese when the cheese was actually Romano style cheese. ACF management made the decision to package Romano style cheese as Parmesan style cheese in order to reduce an excess stockpile of Romano style cheese that ACF had accumulated.

The cheese product lines affected by the substitution of Romano style cheese for Parmesan style cheese are detailed below:

ACF produces its Parmesan and Romano style cheeses to different product specifications and consequently the use of Parmesan style cheese packaging for ACF's Romano style cheese not only misrepresents the type of cheese packaged by ACF but also the nutritional panel information. In this regard, ACF's Romano style cheese has a higher total and saturated fat content and a lower protein and calcium content than ACF's Parmesan style cheese. ACF's packaging for its "Westacre" branded Parmesan style cheese also misstated the sodium and calcium content of the cheese supplied by ACF.

ACF has advised retailers of the affected product details.

This public disclosure is made pursuant to an order of Federal Court of Australia to advise you of the substitution and the false and misleading representations. This notice has been paid for by ACF. If you have any questions please contact Stephen Ellaway of ACF on (02) 8732-5146.