Charges filed over ‘made in New Zealand’ claims

Media release

Issued 20 December 2016
Release no. 73

Charges filed over ‘made in New Zealand’ claims about NatureBee supplement

Topline International Limited (Topline) and its director Jeffrey Bernard Cook each face 22 charges brought by the Commission for falsely representing that its NatureBee Potentiated Bee Pollen (NatureBee) supplement was a New Zealand made and sourced product, when in fact the bee pollen was from China.

The Commission filed the 44 charges in the Auckland District Court under the Fair Trading Act 1986.

Topline is an Auckland based direct marketing company and NatureBee is its flagship product. The company predominantly sells bee-related health supplements and cosmetics.

The charges relate to representations by Topline and Mr Cook that NatureBee is made or sourced in New Zealand. These representations were made in the form of labelling, Topline’s website, promotional material and in an infomercial between May 2011 and June 2015. However, the Commission alleges that:

· the bee pollen was sourced from China

· the substantial transformation of the bee pollen into potentiated bee pollen also took place in China

· the Chinese bee pollen was put into capsules in China and was subsequently imported into New Zealand.

As this matter is now before the court, the Commission is unable to comment further.

Background

NatureBee is marketed in New Zealand and internationally through a variety of channels including its website www.naturebee.com and NZ based call centres.

The potentiation process
Bee pollen is consumed for its nutrient benefits. Potentiation is a process that Topline and others claim makes bee pollen more digestible for humans. Potentiation is the key step, and substantial transformation process, in producing NatureBee from bee pollen.

Previous country of origin cases
The Commission has prosecuted two companies in 2016 for country of origin claims. In May, the High Court found that New Zealand Nutritionals (2004) Limited made misleading “New Zealand made” claims about two dietary supplements. Read more here.

The same month, duvet and rug business Nangong Limited and its owner were fined a total of more than $109,000 in the Auckland District Court for making false claims that their duvets contained alpaca wool and were made in New Zealand. Read more here.

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