Issue:
Whether the defendant made unsubstantiated claims regarding the composition of its pineaple juice, as well as the compliance of its labeling.
Summary:
The Competition Authority of Kenya (CAK) conducted a sector-wide market screening on fruit juices to evaluate manufacturing practices, labeling accuracy, ingredient composition, and the legitimacy of consumer disclaimers. As part of this enforcement initiative, Bureau Veritas analyzed the actual fruit content of Del Monte Pineapple Juice. The laboratory results revealed a severe compositional discrepancy: the product contained only 20% pineapple juice, directly contradicting Del Monte’s claim on labeling asserting that the product was “100% natural pineapple juice.”
The CAK determined that Del Monte Kenya Limited (Del Monte) had engaged in false and misleading representation regarding the core composition of its beverage. Therefore, the manufacturer violated the Competition Act (Section 55(a)(i)), which strictly prohibits suppliers from making false or misleading representations concerning the ingredients or quality of goods. Furthermore, the Authority established that the product’s labeling failed to comply with labeling standards, because the product failed to meet these mandatory information requirements.