The Australian Competition and Consumer Commission has filed a notice of appeal in relation to the recent decision of the Federal Court which dismissed part of the ACCC’s case against Dateline Imports Pty Ltd (Dateline).
Although the Court found that Dateline had made false or misleading representations regarding the level of natural keratin in its Keratin Complex Smoothing Therapy hair straightening product and imposed penalties of $85,000, it dismissed the ACCC’s allegations that Dateline had made false or misleading representations that its product did not contain toxic or dangerous chemicals, did not contain formaldehyde, was safe for its recommended use, and complied with all health and safety regulations in the world.
“The ACCC brought these proceedings because it was concerned that consumers may have been exposed to formaldehyde by using these products. The ACCC is appealing from the trial judge’s findings that representations made in Dateline’s website and magazine advertisements that Keratin Complex Smoothing Therapy hair product did not contain formaldehyde were not false or misleading, when the ACCC believes that the scientific evidence indicates that the product did contain formaldehyde,” ACCC Commissioner Sarah Court said.
The ACCC is seeking orders setting aside certain orders made by the trial judge, and declarations, injunctions and penalties in respect of the matters which are the subject of the appeal.
Keratin Complex Smoothing Therapy hair product was withdrawn by Dateline from the Australian market in November 2010.