For Immediate Release:

 Unilever Appeals Quebec Margarine Colour Decision

September 9, 1999 (Toronto) --  Unilever Canada Limited confirmed today that the company  has appealed a recent Quebec Superior Court decision upholding the Quebec margarine colour ban.  The appeal was filed on June 24, 1999 before the Quebec Court of Appeal. 

“Although the Quebec Superior Court did not go as far as we wanted in terms of repealing the colour regulation, several findings in the judgement support important arguments we have been making, thus forming an excellent basis for appeal,” said Bruce I. Mactaggart, Vice-President, General Counsel and Secretary of Unilever Canada Limited. 

“Justice Guthrie clearly dismissed the position of the government and the milk producers that the colour ban is necessary to prevent consumer confusion, and ruled that the regulation is solely designed to protect the butter industry against competition,” added Mactaggart. 

The Superior Court judgement also strongly suggested that the Quebec Government’s failure to repeal the regulation as promised under the Agreement on Internal Trade was politically motivated because it wanted “to avoid the inconvenience of the producers of milk of the rural districts of Quebec during the electoral year 1998.” 

“The judgement supports our view that in bowing to the political pressure of the dairy lobby the Quebec government has deliberately chosen to ignore the interests of consumers,” added Mactaggart. 

In its appeal, Unilever will argue that the margarine colour restriction should be rendered invalid because protection of the dairy industry is not reasonable under Quebec or Canadian law.  Neither the Quebec Government nor the milk producers asserted  that the colour regulation was in place to protect the dairy industry.  Further,  the Quebec Government itself acknowledged that protection of the dairy industry was not reasonable when it tabled a draft regulation to repeal the colour regulation in 1997.  

The appeal will further argue that, contrary to the judgement,  key free trade agreements such as NAFTA and those under the World Trade Organization (WTO), are in fact  incorporated into Quebec domestic law.

Unilever Canada Limited, a wholly-owned subsidiary of Unilever, is a diversified consumer products company whose interests in Canada include Lever Pond's, Lipton, Good Humor-Breyers, Lipton Monarch,  Loders Croklaan, BlueWater Seafoods, DiverseyLever Canada, Calvin Klein Cosmetics (Canada), Elizabeth Arden Canada, and Bertolli Canada Inc..

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For information:

Gerald Tremblay
McCarthy Tetrault
514-397-4157  

Sean McPhee
Sean McPhee & Associates Inc.

(416) 214-1232

 

 

  

 

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