TRICKS IN TRADE.
! MERCHANDISE MARKS ACT. i MISDESCRIPTION OF N.Z. MEAT. The Meat Producers' Board has just received an interesting report from its London manager referring lo a ease j which he has been investigating. | where meal, was wrongfully retailed as "New Zealand." Extracts from Ibis i letter read as follows: —"I have to ad- ' vise that my attention was drawn two I or three weeks ago to an advertisc- ' menl of a store advertising Canterbury ! lamb: Legs 10d, shoulders 9d, loins ; Bd. These prices were practically bcj low wholesale cost, and I at once sent an officer lo investigate, and I enclose a copy of his report to me on the result.
"You will see from the report that this was a clear case of wrongful retailing, as the salesman definitely sold to our officer Argentine lamb branded wilh their indelible stamp for Canterbury lamb. In addition lo ilic advertisement, our officer had the evidence of the Argentine ticket which he took from the carcass.
"The whole of the circumstances were reported to the solicitors for the New Zealand Government to take action, but I regret to say that after they had taken the opinion of eminent counsel, they advised the High Commissioner that it would be useless going on wilh the case, as we could only proceed against them on a fraudulent sale, and under this section it is absolutely necessary that an invoice or description in writing be obtained. This point has been tested by the Appeal Court, and it had no hesitation in saying we should lose our case. "This goes to show bow impossible it will be lo obtain any conviction under the Merchandise Marks Act for fraudulent sale, and aL my suggestion Sir .lames Allen has written fully, giving the facts of the case, to the President of the Board of Trade, Sir P. Cunliffc-Lister, showing Ihe necessity for an amendment of the present Act. The King's Speech at the opening of Parliament recently indicalcd that a new Merchandise Marks Bill will be brought in by the Government© very short'lv, and if the proposals of the Imperial Economic Committee arc carried out in framing this Bill, it will throw the responsibility on to every retailer to clearly mark his goods with the countrv of origin. This will make it very much easier for us lo obtain a prosecution. "While we were placing the facts ol the above case before our lawyers, the newspapers reported the prosecution of a housewife in the suburbs of London against a butcher for supplying Argentine chilled beef for English liumc-killcd. The information was laid by the housewife herself under the Pure Food and Drugs Act. . . . 1 ; »o case was not nearly so strong as he evidence we had in our case This was the first I bad ever heard ol a prosecution under this Act, and our solicitors were very surprised when I brought this case before them, as evidently they bad no knowledge that we can prosecute under this Act. Lnclei this Act it is not necessary to ask Hi a certificate, but merely lo make a sale and lake delivery, and prove thai, the KOOds were not as verbally described Now that we have this knowledge, ll will be an easier thing to obtain a pro-, secution, as it was practically impossible lo obtain a prosecution undei the j Merchandise Marks Act."
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Bibliographic details
Waikato Times, Volume 100, Issue 16788, 4 May 1926, Page 9
Word Count
565TRICKS IN TRADE. Waikato Times, Volume 100, Issue 16788, 4 May 1926, Page 9
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