The Australian Competition and Consumer Commission legal action against Mr Ian Turpie for his involvement in alleged misleading claims about treatments for erectile dysfunction (impotence), has been resolved, by consent, the ACCC Chairman, Mr Graeme Samuel, said today.
The ACCC instituted legal proceedings on 19 July 2004 against Mr Turpie in relation to advertising and promotion by Advanced Medical Institute Pty Ltd (AMI) of a nasal spray form of treatment for erectile dysfunction and premature ejaculation.
The ACCC alleged that the representations in an advertisement which appeared in newspapers published in major Australian capital cities having the headlines: “TV Star’s amazing CONFESSION!” which featured Mr Turpie were not true.
The ACCC granted Mr Turpie partial immunity for his involvement in the alleged conduct in return for his cooperation.
The ACCC also instituted legal proceedings against AMI for causing the advertisement to be published; and Mr Philip Somerset of Colby Media for being knowingly concerned in the preparation and publication of the advertisement on behalf of AMI.
The ACCC's legal proceedings continue against AMI and Mr Somerset who are defending the case.
Mr Turpie has consented to the following orders before the Federal Court:
- an injunction restraining him for a period of four years from being knowingly concerned in a corporation making representations to the effect that:
- he has suffered from impotence or erectile dysfunction, when he has not so suffered
- he has used the product or services of a corporation to improve his sexual potency when he has not used such services or products
- he recommends or approves a corporation's services or goods on the basis of his own personal experience, when he has not used those services or products to alleviate or cure impotence or erectile dysfunction and
- attend a trade practices compliance seminar.
The proceedings against Mr Turpie were not dismissed today as AMI advised the court that it is proposing to cross-claim against him. AMI has until 22 September 2004 to file the cross claim.