A promoter of weight-loss products, Mr David Francis, has made false and misleading claims about the ThermoSlim product the Federal Court has found.
Justice Gray has made a declaration, imposed an injunction and made an order for payment of costs of $15,000 in favour of the Australian Competition and Consumer Commission.
The court declared that Mr Francis had engaged in conduct that was misleading and deceptive or was likely to mislead or deceive.
The court's declaration referred to the promotional claims made that:
- people could lose weight by eating ThermoSlim wafers
- people could lose weight by eating ThermoSlim without undertaking any other method of weight-loss (including dieting or exercise)
- ThermoSlim has a 95 per cent success rate
- the above three claims had been confirmed by weight-loss experts and researchers
- people could achieve the following weight loss by eating
- ThermoSlim:
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(i) two kilograms within the first 72 hours of beginning to eat ThermoSlim
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(ii) five kilograms in the first fortnight of beginning to eat ThermoSlim
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(ii) 10 kilograms in the first month of beginning to eat ThermoSlim
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(iv) a further 20, 40 or 60 kilograms thereafter
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the testimonials and scientific endorsement were authentic and truthful
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the testimonials represented the typical or ordinary experience of people who eat ThermoSlim.
Mr Francis was also injuncted for a period of five years in connection with the supply or promotion of the ThermoSlim wafer biscuit, or any substantially similar food product whatever called, from making any representation in trade or commerce through the use of the post that the product's consumption could cause people to lose weight by a process called thermogenesis; a process by which calories are converted into heat; or by burning the body's fat.
"Of particular concern in this matter is that the conduct and product in these proceedings were virtually identical to that which was the subject of previous ACCC court action against Mr Francis", ACCC Chairman, Mr Graeme Samuel, said today.
"This case demonstrates the ACCC's desire to pursue parties who make misleading claims targeted at vulnerable consumers".
The ACCC has previously taken court action against Mr Francis (two trade practices cases and one contempt) about other mail order products. In February 2003 Mr Francis was fined $9,000 for contempt of previous court orders made in connection with a weight-loss product.
The ACCC notes the orders ultimately made by the court were less than those originally sought by the ACCC and were made by the consent of Mr Francis.