ACCC files additional claims in relation to the RANA System cancer treatment

The Australian Competition and Consumer Commission has expanded its Federal Court proceedings against several NuEra companies* and Mr Paul Rana to include claims of unconscionable conduct** and the making of false or misleading representations in breach of the Trade Practices Act 1974.

The proceedings also involve Mr Paul Rana's sons, Mr Christopher James Rana and Mr Micheal Lee Rana. It is alleged the Ranas were involved in certain of the alleged contravening conduct by the companies.

The ACCC initially alleged (and continues to allege) the NuEra companies largely through the agency of Mr Paul Rana and with the assistance of his sons have engaged in conduct in breach of the Act by representing to persons suffering terminal illnesses (including cancer) and to their families that The RANA System*** can cure cancer, or reverse, stop or slow its progress or will prolong the life of a person suffering cancer, when this is not the case. A further representation of concern is that The RANA System is asserted to be based on generally accepted science; the ACCC alleges this is not the case.

On 28 November 2006 and 19 January 2007 the ACCC obtained interim injunctions by consent restraining the companies and individuals from engaging in the alleged offending conduct. A mandatory interim injunction was also granted requiring the parties to remove from any relevant websites any representations to the effect that The RANA System:

• can cure cancer, or reverse, stop or slow its progress
• will prolong the life of a person suffering cancer, and
• is supported by generally accepted science.

The ACCC's latest claims include allegations that the representations of concern were false or misleading and were also liable to mislead the public as to the nature, the characteristics and the suitability for their purpose of the goods supplied under The RANA System. It is also alleged that NuEra Health, one of the NuEra companies, largely through the agency of Mr Paul Rana, engaged in unconscionable conduct towards highly vulnerable and disadvantaged consumers when "signing them up" to pay for treatment under The RANA System.

The ACCC is seeking relief including declarations and injunctions restraining the companies and individuals from engaging in the alleged offending conduct.

A directions hearing has been set down for 9.30 a.m. on 27 March 2007.

The filing of the initial proceedings follows a joint investigation by the ACCC and Consumer Affairs Victoria into the promotion of The RANA System by the NuEra companies and the Ranas.

Background

*NuEra Health Pty Ltd (In Liquidation), NuEra Care Centre Pty Ltd (In Liquidation) , NuEra Investments Pty Ltd, NuEra Wellness Centre Pty Ltd and NuEra Wellness Clinic Pty Ltd.

**The judicial meaning of unconscionable conduct has not been settled but the courts in considering the issue have described unconscionable conduct as something being clearly unfair and unreasonable, conduct which shows no regard for conscience and conduct which is irreconcilable with what is right or reasonable.

***The RANA System was described as "..an alternative approach to cancer care which offers HOPE to cancer sufferers". The RANA System was provided through programs costing up to $35,000. The RANA System offered a variety of products and services including, vitamin and mineral supplements, laetrile (also known as vitamin B 17), Cesium or high PH therapy, devices called parasite/energy zappers, Zen Chi Massages Magnetic Pulsers, coffee enemas, ozone therapy, diets described as eating according to blood type, live blood analysis and thermal imaging.