A seriously underweight birthday cake from Woolworths is just one example of thousands of incorrectly labelled products being sold to consumers, according to Australia’s peak trade measurement body.

For the first time, four traders – including Coles and Woolworths – have been prosecuted and fined for significant breaches of trade measurement law.

The National Measurement Institute (NMI), in its latest report on how businesses comply with trade measurement law, has revealed 40 per cent of the 8100 initial audits conducted in 2014–15 revealed at least one breach.

The product categories with the highest levels of incorrect labelling detected in 2014-15 were seafood (18 per cent incorrect labelling), with bakery lines close behind
(15 per cent incorrect labelling).

Of the breaches detected, 49 per cent related to pre-packed articles (both short measure and labelling), 25 per cent related to trading practices (such as advertising, signage and correct operation of measuring instruments) and 26 per cent related to measuring instruments.

The report noted an improvement in labelling compared with the previous year but, with just more than 30,000 pre-packed articles examined, this still amounts to around 2100 incorrectly labelled products.

While non-compliance notices were up from the previous year, NMI acting general manager Malcolm Bartlett said once pointed out, the business usually remedies the problem quickly.

“NMI does take appropriate action, including issuing fines and prosecuting offenders, when more serious or persistent breaches are found,” he said.

“In 2014-15 this came in the form of 98 infringement notices issued with fines totalling $92,650. Following referrals to the CDPP, Woolworths was hit with a $3300 fine for selling pre-packed birthday cakes with shortfalls of up to
41 per cent.

“It’s vital the regulator ensures all businesses comply with trade measurement law so that consumers can have confidence in their purchases,” CHOICE spokesperson Tom Godfrey added.