Super Parrot Food, Business Law and Ethics

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Ask q‘Super Parrot Food’ Our own unique blend of parrot food containing the best quality ingredients lovingly prepared by us.
Tim, the proprietor of ‘Pets on Parade’, a competing pet shop, knows that Max and Alex buy the parrot mix in bulk from ‘Farmer’s Choice’, an interstate pet food supplier, to which they then add their own food colouring, package it on site, then market the product as: ‘Feathered Friends’ – Super Parrot Food’.
Tim accuses Max and Alex of misleading consumers into believing that the parrot food is entirely their own recipe, whereas in fact it is prepared by Farmer’s Choice.
Max and Alex respond to Tim’s accusation by reminding him that the food colouring which they add gives ‘Super Parrot Food’ its uniqueness.

(a) Explain whether Tim has any legal right to bring an action against Feathered Friends under the Australian Consumer Law (ACL). [1 mark]

(b) In which court would the action be taken? [1 mark]

(c) Applying the test from Taco Company of Australia Inc. v Taco Bell Pty Ltd [1982] FCA 136; (1982) 42 ALR 177 discuss whether Feathered Friends has engaged in conduct that is in breach of section 18 of the ACL.uestion #Minimum 100 words accepted#

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