ACCC accepts court-enforceable undertakings from Fertility Solutions Sunshine Coast Pty Ltd for use of false testimonials

The Australian Competition and Consumer Commission has accepted court-enforceable undertakings from Fertility Solutions Sunshine Coast for using false testimonials in an advertisement published in the Bundaberg and Region News Mail to promote its fertility services.

Fertility Solutions has acknowledged that use of the false testimonials was inappropriate and in contravention of sections 52 and 53(c) of the Trade Practices Act 1974. Fertility Solutions has admitted that neither testimonial used in the advertisement had been provided by its own patients and one of the testimonials was in fact a patient testimonial belonging to a competitor.

Fertility Solutions has undertaken to:

• ensure future advertising and other forms of promotion will comply with the Act and will not contain testimonials which are not genuine testimonials provided by its own patients
• place a corrective notice in the Bundaberg and Region News Mail at its own expense within 21 days, and
• create and maintain, at its own expense, a trade practices compliance program.

ACCC Chairman, Mr Graeme Samuel reminded businesses, especially those in the medical and health sectors, of the importance of accurate and genuine testimonials.

"While the ACCC accepts medical and other health sector companies have greater opportunities today to communicate directly with consumers through advertising, they must ensure they understand their legal obligations in relation to advertising or other promotional conduct.

"Testimonials, guarantees and endorsements can be positive marketing tools – all used to gain consumer trust – but they must not mislead consumers, for example, about approvals they do not have."

A copy of the undertaking will be available on the ACCC's website.