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Question 2: 'Fresh and Organic' is a local shop which advertises in the local newspapers that they sell vegetables that are fresh from their own
Question 2: 'Fresh and Organic' is a local shop which advertises in the local newspapers that they sell vegetables that are fresh from their own farm and that all products sold are 100% organic. The shop is very popular among customers who love healthy eating even though they pay higher prices for any item they buy from 'Fresh and Organic'. A disgruntled employee of the shop has informed the Australian Competition and Consumer Commission (ACCC) that many products sold at the shop are neither 'fresh' nor 'organic' as claimed. Upon investigation by the ACCC, it is revealed that in fact almost 30% of the fruit is frozen for some time before it is sold. They also find that chemical fertilisers are used for certain types of vegetables and pesticides are used occasionally as well. Required: Identify and explain the most relevant provision of Australian Consumer Law that the ACCC can rely on to take an action against the shop. Discuss at least one case briefly that may be relevant (IRAC Method). (10 Marks) Question 2: 'Fresh and Organic' is a local shop which advertises in the local newspapers that they sell vegetables that are fresh from their own farm and that all products sold are 100% organic. The shop is very popular among customers who love healthy eating even though they pay higher prices for any item they buy from 'Fresh and Organic'. A disgruntled employee of the shop has informed the Australian Competition and Consumer Commission (ACCC) that many products sold at the shop are neither 'fresh' nor 'organic' as claimed. Upon investigation by the ACCC, it is revealed that in fact almost 30% of the fruit is frozen for some time before it is sold. They also find that chemical fertilisers are used for certain types of vegetables and pesticides are used occasionally as well. Required: Identify and explain the most relevant provision of Australian Consumer Law that the ACCC can rely on to take an action against the shop. Discuss at least one case briefly that may be relevant (IRAC Method). (10 Marks)
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