ACCC institutes proceedings against Australian Biologics alleging misleading claims in health product

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney, against Australian Biologics Testing Services Pty Ltd and its director, Ms Janette Burke, alleging that representations made in brochures and on Australian Biologics’ website in 2001 and part of 2002 were false, misleading, and deceptive.

Australian Biologics provides medical services including Thermography, Live Blood Analysis and the Bolans Clot Retraction Test. It promoted these services in printed brochures and on the Internet.

The ACCC alleges that Australian Biologics did not have reasonable grounds for making a number of specific statements about Thermography, Live Blood Analysis and the Bolans Clot Retraction Test.

The ACCC alleges that Australian Biologics breached section 52 of the Trade Practices Act 1974, which prohibits corporations from engaging in misleading or deceptive conduct; section 53(c), which prohibits corporations from representing that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have; and section 55A, which prohibits corporations from engaging in conduct likely to mislead the public about the nature, characteristics, suitability or quantity of services.

The ACCC is seeking declarations, injunctions, corrective notices, other remedial orders and costs.

A directions hearing has been set down for 17 July 2003.