Sentencing — unsubstantiated representations — false or misleading representations — Fair Trading Act 1986, ss 12A, 13(h) — Commerce Commission v L D Nathan Limited [1990] 2 NZLR 160 — Commerce Commission v Fujitsu General New Zealand Limited [2017] NZDC 21512 — R v Love Springs Limited & Phillip John Smart DC Auckland CRI-2012-004-011695, 11 December 2013. The defendant company was sentenced on 11 representative charges under the Fair Trading Act (FTA). Nine charges were for making unsubstantiated representations under s 12A of the FTA, while the final two charges were for false or misleading representations, per s 13(h). The statements related to the company's Water Filter, and its purported benefits. The overall starting point agreed by counsel and accepted by the Judge was $650,000. The defendant received reductions of 10 per cent and 25 per cent for the defendant's pro-active co-operation and lack of prior convictions, and the defendant's guilty pleas, respectively. The final sentence imposed was a fine of $40,000 for each charge, bringing the overall total to $440,000, plus Court costs. Judgment Date: 5 November 2018.