Fresh orange juice made from concentrate
Is this possible?

I need support from fellow windsurfers in a family argument. My wife thinks its perfectly OK to advertise a product as FRESH when its made from concentrate so long as the words concentrate are present on the bottle (in itty titty letters). Have to stop typing now because im getting angry.

I see,

But what if the company's name ends in FRESH like..... Jim's Fresh Orange juice.

I.e. the company being called Jim's Fresh

The only fresh orange juice is straight squeezed from an Orange.

The rest is manufactured crap.

Dont think it's false advertising because although his company says fresh, he's not advertising Fresh orange juice.

I think that the law as applied to advertising on the front label would look at what is reasonably implied by a person reading this label - if the impression given, is that "Jims' Fresh" - is in fact fresh orange juice, when it isnt - then the intent is obviously to deceive. If Jims surname is in fact Fresh - then I think then it would be in what context he has used his name in the branding - is it just his name on the label - or is it used to gain a commercial advantage or misrepresent its contents.
My thought is that it misrepresents its contents - being reconstituted; clearly isnt fresh by definition.

Reasonable person test would apply. Also, where's the apostrophy? It would be "Jim Fresh's orange juice", reads differently to "Jim Fresh Orange Juice", or "Jim's Fresh Orange Juice" (this would be wrong).

But wait,

What if it was freshly concentrated?

Grinchy, don't get angry, get even. Hopefully you have calmed down by now. Your question is in danger of leading to a protracted and boring legal dispute, so I have dignified it with a similarly boring response aimed at restoring family harmony.

Get your wife to have a look at:
http://www.accc.gov.au/content/item.phtml?itemId=771468&nodeId=303812cdfa698071341bf9f1ac983066&fn=Food+descriptors+guidelines.pdf

Particularly page 16. She's wrong wrong wrong. But tell her in the nicest possible way. Or get Graham Samuel to tell her.

(You can pay my bill in beer when I'm in WA next.)

MikeyS said...

And to quote Lionel Hutz, lawyer from an episode of the Simpsons
" This all goes back to the Frank Wallbanger case of '78. How about that! I looked something up! These books behind me don't just make the office look good, they're filled with useful legal tidbits just like that!"

I was really tickled when I found out you could buy books with impressive spines by the metre, sort of like wall paper for poseurs.