The Australian Competition and Consumer Commission has instituted court proceedings against the promoters of a health and fitness industry product, the 'Abtronic'.
The ACCC alleges that Danoz Direct Pty Ltd, sole director Mr Moshe Ozana and other individuals engaged in misleading and deceptive conduct, or were knowingly concerned in the conduct, while promoting the Abtronic as a muscle stimulation machine. The Abtronic was promoted on Channel 10's Good Morning Australia and Bright Ideas programs, during 'infomercials' on Channels 10 and 7, in a Danoz product catalogue and on the company's website.
The ACCC has sought orders granting permanent injunctions against Danoz Direct Pty Ltd, for various alleged breaches of the Trade Practices Act 1974. In particular, the ACCC seeks to prevent Danoz from representing that the Abtronic has the following, or similar, performance characteristics, uses or benefits:
- that it is a brilliant training and toning tool
- that it can be used to work out and tone different muscle groups
- that it provides a vigorous workout for the abdominal region, the 'love handles', arms, buttocks, thighs
- that it can flatten your stomach 'once and for all'
- that you just sit, relax and watch your 'abs' tighten, your 'love handles' disappear and your thighs and bottom firm up – with no sweating involved
- that you can get the results of up to 600 sit-ups in just 10 minutes without any effort.
A directions hearing for this matter has been set down for the Federal Court, Brisbane 10.15 a.m. on 7 June 2002.