Woolworths share price on watch as ACCC appeals court decision

The Woolworths Group Ltd (ASX: WOW) share price could slide lower this morning as the ACCC said it will appeal against a Federal Court decision about misleading 'eco' claims.

| More on:
a woman

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More

The Woolworths Group Ltd (ASX: WOW) share price could slide lower this morning as the Australian Competition and Consumer Commission (ACCC) said it will appeal against a Federal Court decision on Woolworths' 'eco' picnic product range.

What did the ACCC announce?

The ACCC has appealed the Federal Court's decision to dismiss its case against Woolworths relating to the environmental claims Woolworths made about their homebrand 'Select Eco' picnic products.

The ACCC had alleged Woolworths made false or misleading claims about its range of disposable plates, bowls and cutlery, which were labelled "biodegradable and compostable".

Part of the ACCC's case was that these claims were about future matters and that Woolworths did not have reasonable grounds to make them, with the Federal Court dismissing the ACCC's allegations in July 2019.

The trial judge found that the likely performance of Woolworths' picnic products was not a 'future matter' because the reference to "biodegradable and compostable" was about the inherent characteristics of the product rather than a prediction, forecast, promise or opinion of a future event.

Accordingly, the Federal Court was not required to consider whether Woolworths had reasonable grounds for making the claims.

The Court did, however, find that if Woolworths had made the claims in the terms alleged by the ACCC, it would not have had reasonable grounds to do so.

"We are appealing this case because we think that the biodegradable and compostable claims made by Woolworths were predictions about what would happen to these products in the future," ACCC Chair Rod Sims said.

He added, "Consumers who pay more for products which businesses represent are better for the environment should be able to assume those claims are true."

"If businesses make claims about future matters, they must have a reasonable basis for those claims," Mr Sims said.

A hearing for the appeal before the full Federal Court will be set at a later date.

What's the story behind the court case?

The ACCC first took action against Woolworths in March 2018 for misleading claims relating to its 'eco' product range.

The Australian Consumer Law requires a business to have reasonable grounds for making representations when those representations are with respect to 'future matters'.

Foolish takeaway

Given the news of the appeal, I'd expect to see the Woolworths share price to slide lower this morning with the increased uncertainty and potential court outcomes hanging over the company.

The Woolworths share price fell 0.5% yesterday as the S&P/ASX 200 (INDEXASX: XJO) index fell 1.90% on Chinese currency devaluation, but remains 22.1% up since the start of August.

Motley Fool contributor Kenneth Hall has no position in any of the stocks mentioned. The Motley Fool Australia has no position in any of the stocks mentioned. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy. This article contains general investment advice only (under AFSL 400691). Authorised by Scott Phillips.

More on Share Market News

Man pointing at a blue rising share price graph.
Share Gainers

Guess which little ASX iron ore stock is surging 68% on big news

Investors are bidding up the iron ore miner following a promising project update.

Read more »

A male investor erupts into a tantrum and holds his laptop above his head as though he is ready to smash it, as paper flies around him, as he expresses annoyance over so many new 52-week lows in the ASX 200 today
Share Fallers

Why Domino's, Macmahon, Star, and Zip shares are sinking today

These ASX shares are falling more than most today.

Read more »

a woman holds her hands up in delight as she sits in front of her lap
Share Gainers

Why Decmil, SCEE, Spartan Resources, and Telix shares are pushing higher

These shares are avoiding the market selloff today.

Read more »

A wine technician in overalls holds a glass of red wine up to the light and studies is closely with large wine barrels in the background, stored in a brick walled wine cellar.
Broker Notes

2 undervalued ASX 200 shares with 'significant catalysts ahead'

We reveal the ASX 200 coal and wine stocks that this fund manager has selected for additional investment.

Read more »

A man holds his head in his hands, despairing at the bad result he's reading on his computer.
52-Week Lows

5 ASX 200 stocks at 52-week lows

These shares are down in the dumps on Tuesday.

Read more »

Woman holding out her hand, symbolising a trading halt.
Mergers & Acquisitions

Why has this ASX 300 stock just been placed in a trading halt?

This ASX 300 stock is sitting out today's trading thanks to some big news.

Read more »

A worried woman looks at her phone and laptop, seeking ways to tighten her belt against inflation.
Share Market News

Why is the ASX 200 copping such a beating today?

ASX 200 investors are favouring the sell button today.

Read more »

A female coal miner wearing a white hardhat and orange high-vis vest holds a lump of coal and smiles as the Whitehaven Coal share price rises today
Broker Notes

1 ASX 200 energy stock with 'minimal competition' to buy right now

This stock is trading 30% lower than its 2022 record high.

Read more »