HBC Trading Australia agreed to pay the fines after being hit with two infringement notices over its Chef’s Choice “alcohol free pure vanilla extract,” the Australian Competition and Consumer Commission revealed on Thursday.

While the product used the word “pure” in its name and included an image of vanilla beans and a vanilla flower on the label, none of the ingredients were derived from vanilla beans, the ACCC said.

Flavouring in the product included vanillin derived from clove oil and other ingredients included added colour, glycerine and xanthan gum.

“Vanilla is an expensive and sought-after ingredient that many bakers regard as essential. We are concerned that bakers who intended to buy ‘pure’ vanilla to make their cakes and slices could have been misled into buying extract that included additional flavour from a non-vanilla bean source,” said ACCC deputy chair Delia Rickard.

“It is a basic rule of consumer law that what you advertise must be what you supply to your customers. In this case, our concern is that consumers would believe this product contained only an extract of vanilla beans, and not additional ingredients.”

The ACCC claimed that while all ingredients were disclosed on the label these details were included in “significantly smaller font” than the words “pure vanilla”.

“Consumers rely on the accuracy of claims made on food product label, and businesses must ensure their labelling is truthful and not likely to mislead consumers,” Rickard said.

HBC has agreed to change the labelling of the product, now calling it “vanilla flavouring”.

In paying the penalties stated in the ACCC’s infringement notices, HBC did not admit to any contraventions of the ACL.

HBC is located in Sydney’s Regents Park and sells a wide variety of food brands including Chef’s Choice, The Beerenberg Family Farm, Lovin’ Body, and Kura.

Lawyerly has contacted HBC for comment.

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