10 July 2019

The Proper Officer
The Daily Telegraph
News Pty Ltd
2 Holt Street

By email and Express Post: news@dailytelegraph.com.au

Dear Sir/Madam,


We refer to the abovementioned article published by the Daily Telegraph (“the Publication”).

The article contains false and misleading statements as regards Lettuce Deliver Organics Pty Ltdt/as Lettuce Deliver which has caused significant detriment to our business.

On the basis of the following, the imputations contained within the Publication constitute:

1. false, misleading and deceptive conduct under Schedule 2 of the Competition and Consumer Act 2010 (Cth); and

2. an injurious falsehood in respect of Lettuce Deliver.


From a review of the Publication in its entirety, it would appear that the Daily Telegraph contends, either expressly or impliedly, that Lettuce Deliver:

1. Is one of the worst offenders prosecuted by the NSW Food Authority;

2. Is unethical;

3. Failed to store food properly;

4. Improperly labelled food;

5. Failed to employ appropriate hygiene conditions; and

6. Has pests on its site.

Moreover, despite the fact that Lettuce is far from the most significant offenders prosecuted by the NSW Food Authority, the Publication wrongly identifies Lettuce Deliver as one of the worst offenders.
So as to ensure that the Daily Telegraph is appraised of the matters in which Lettuce Deliver was fined by the NSW Food Authority, Lettuce Deliver:
1. Paid the fine issued by the NSW Food Authority on a no admissions basis following extensive reviews and appeals.

2. Is not one of the worst offenders, either by alleged conduct or quantum of the fine, charged by the NSW Food Authority;

3. Is an ethical business that complies with its statutory and regulatory obligations, particularly as regards compliance with food and marketing regulations;

4. Stores and labels its products in a manner that is consistent with its statutory and regulatory obligations;

5. Employs appropriate hygiene policies and processes to ensure that its products are safe to use in the manner prescribed; and

6. Does not have pests on site.

Accordingly, the imputations deriving from the Publication are false and misleading, and further, are causing significant harm to Lettuce Deliver.

Australian Consumer Law and Injurious Falsehood

Under the Australian Consumer Law (Cth) (“ACL”), the Daily Telegraph is prohibited from engaging in misleading or deceptive conduct in relation to Lettuce Deliver goods and services, and from making false or misleading representations regarding the standard and quality of Lettuce Deliver’s goods and services.

The Daily Telegraph’s conduct is aggravated by:

1. Its recklessness in publishing the Publication without regard for the whole substance of the fine;

2. It being aware of the falsity that Lettuce Deliver was one of the worst offenders; and

3. The contextual imputations derivable from the Publication and the way in which Lettuce Deliver is positioned within the Publication.

In the circumstances, the Publication constitutes false, misleading and deceptive conduct under sections 18 and 29 of the ACL. The same conduct is malicious and also constitutes the tort of injurious falsehood.

Damages Recoverable by Lettuce Deliver

We hereby put the Daily Telegraph on notice that the above conduct is damaging the reputation of Lettuce Deliver.

Lettuce Deliver has a strong reputation in its name and the services it provides. The statements and allegations made by the Publication are not only taken out of context and incorrect, but they are likely to create a false impression in the market in relation to the quality and integrity of the products sold by Lettuce Deliver. This, in turn, affects the public and professional reputation of our clients, their ability to generate future income and, accordingly, will cause actual loss and damage.

Consequently, Lettuce Deliver is considering making the following claims against News Pty Ltd:

1. Compensation for reputational damage;

2. Damages for loss of profit; and

3. The costs of repairing its reputational, professional and commercial standing in the market.

Action Required of News Pty Ltd and the Daily Telegraph

We hereby demand that News Pty Ltd and the Daily Telegraph immediately undertake to cease and desist from disparaging, defaming or making injurious, false and misleading allegations against Lettuce Deliver in any manner whatsoever. For the avoidance of doubt, the publication of further articles, either electronically or in physical copies, will be considered to be a further breach.

Moreover, Lettuce Deliver hereby demands that News Pty Ltd, the Daily Telegraph and any related bodies corporate that have published the same or similar articles as regards Lettuce Deliver remove all publications, including the Publication, regarding Lettuce Deliver and the matters complained of above, by no later than 5:00pm Friday 12 July 2019.

Should News Pty Ltd and the Daily Telegraph fail to comply with this demand, Lettuce Deliver will take all necessary and appropriate steps to protect its name, business, goodwill and reputation without any further notice to you.

We look forward to return correspondence that News Pty Ltd, the Daily Telegraph and all related bodies corporate have complied with the above demand.

Yours faithfully,

Emma Slade


Update: 17th July - Daily telegraph has not made any contact with me or Lettuce Deliver.