A company that falsely claimed its kiwifruit pollen was from New Zealand when it had been imported from Chile will escape prosecution.
The Commerce Commission will instead warn Kiwi Pollen Limited that it breached the Fair Trading Act when it sold pollen that was imported while making claims that gave its customers the impression that all its kiwifruit pollen was sourced from New Zealand.
The commission's competition manager, Kate Morrison, says that in September and October 2010 Kiwi Pollen did not tell its customers it was selling imported pollen.
She says there was no conclusive evidence the pollen was a source for the devastating Psa disease outbreak which led to millions of dollars worth of kiwifruit vines being ripped out.
Ms Morrison said the commission decided not to prosecute because it wasn't satisfied that competitors or customers had suffered any provable loss or harm, the offending was over a short period, it was no longer happening and it did not appear to be deliberate.