Sunbeam pleased with court case win over Breville

By Sarah Falson

SYDNEY: Sunbeam chief executive officer, Jonathan Lord, said his company is pleased with the result of its court action against Breville relating to comparative claims regarding blenders which was settled after proceedings in the Federal Court.

“While regretting Sunbeam had to take this action, we are pleased with the result,” he said.

“Sunbeam will continue to vigorously defend its products against competitors’ comparative claims.”

While some details of the settlement are confidential, Breville has been ordered not to print or produce versions one, two, three or four of the Ikon 600 and Ikon 550 blender packaging which claims that these two blenders have superior blending power over other blenders.

The court has specified that Breville is no longer allowed to use the following statement on its packaging, point of sale material and in its advertising:

1. that the Ikon Blender is superior to all other blenders;

2. that the Ikon Blender has a superior blending action to all other blenders;

3. that the Ikon Blender gives superior blending results to all other blenders;

4. that the Ikon Blender is superior to Sunbeam blenders for every blending task;

5. that only the Ikon Blender gives you a smoothie this creamy, a pesto this quickly, a whipped cream this light, ice this fine, cocktails this perfect;

6. that no blender other than the Ikon Blender is able to blend dry ingredients as well as it blends wet ingredients or vice versa;

7. that only the Ikon Blender blade design drives the wet or dry ingredients up the sides of the jug and back down over the blades;

8. that only the Ikon Blender results in ingredients moving continuously in the jug or folding back onto the blades;

9. that other blenders cause ingredients to spin away from the blades;

10. that other blenders have dead spots or still zones which result in failure of blending performance;

11. that the Ikon Blender produces lump free blending;

12. that the Ikon Blender produces 100 per cent perfectly or 100 per cent evenly blended results; and

13. that the Ikon Blender has no dead zones or still zones.

Breville has also been ordered not to further publish or distribute any of its advertising or promotional material, including websites, that refers to the Ikon 600 and Ikon 550 having superior blending power, but not including packaging, swing tags, inserts and instruction booklets that don’t make such claims about these models.

From 31 May, Breville will not be allowed to distribute versions three of four of the Ikon 600 and Ikon 550 packaging unless featured statements about Breville’s superior blending power are obscured.

Breville must also endeavour to remove all point of sale material which includes such claims from stores stocking either of the Breville blenders.

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