Defending allegations it misled consumers by masking imported bread as freshly baked products, Coles says consumers shouldn't assume 'baked' means 'baked from scratch.'
The supermarket giant told the Federal Court that standard industry practice could become an issue in proving whether consumers believe bread from Coles' bakeries is baked fresh on-site, AFR reports.
In order to properly defend the allegations brought forward by the ACCC, Coles needs to prove that the average consumer should or would assume that the word 'baked' means something other than 'baked from scratch.'
In June, the ACCC launched legal proceedings against Coles for supplying bread that's partially baked and frozen off-site, transported to Coles stores, ‘finished’ in-store and then promoted as ‘Baked Today, Sold Today’ and/or ‘Freshly Baked In-Store’.
While the ACCC claimed Coles actions create an unfair playing ground for those bakeries genuinely baking fresh products daily, the supermarket chain claims par-baked products are "commonly offered" for sale in supermarkets, fast food outlets, bakeries and restaurants.
Coles also explained that certain bread labels stated the product was 'Made in Ireland.'