ACCC institutes against Collagen Aesthetics Australia Pty Ltd for alleged misleading advertisements

The Australian Competition and Consumer Commission has instituted proceedings against Collagen Aesthetics Australia Pty Ltd, a company that supplies various collagen and hylaform products which are inserted into the skin for the purpose of reducing wrinkles and/or filling lips.

The ACCC alleges that Collagen Aesthetics made false and misleading representations in various magazines about its collagen and hylaform products. These advertisements appeared in numerous magazines including Vogue Australia, She and Marie Claire and contained representations to the effect that:

• because Collagen Aesthetics' products are registered on the Australian Register of Therapeutic Goods, they are safer to use than its competitor's products which are merely listed

• the collagen and hylaform products are safe

• treatment with the collagen products is painless

• the collagen products are natural

• three types of hylaform products are available to be supplied to the public.

The ACCC alleges that the representations are misleading and deceptive in breach of sections 52, 53(a) and 53(c) of the Trade Practices Act because:

• Collagen Aesthetics’ products are not safer than its competitor's products merely because they are registered on the ARTG

• the application of the collagen and hylaform products has caused adverse health reactions in some people and accordingly, is not necessarily safe

• treatment with the collagen products is not necessarily painless, even with the use of an anaesthetic

• the collagen products contain a synthetically derived anaesthetic and accordingly, cannot be considered to be natural

• only one type of the hylaform products was available to be supplied to the public at the time the advertisements were printed.

The ACCC is seeking court orders including:

• declarations

• corrective advertisements

• injunctions

• trade practices compliance training

• costs.

The matter has been listed for a directions hearing in the Federal Court, Adelaide, at 9 am on 24 June 2002.