The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Melbourne, against Tropical Sun Industries Pty Ltd, Body Bronze International Pty Ltd and the Australian Tanning Association (ATA) for alleged false, misleading and deceptive conduct in contravention of the Trade Practices Act 1974*.
The ACCC alleges the parties engaged in the contravening conduct by misrepresenting the risks associated with solarium use.
The ACCC has also commenced proceedings against Mr Scott Meneilly, who was formerly President of the ATA and Chief Executive Officer of Body Bronze. The ACCC alleges Mr Meneilly was knowingly concerned in and/or party to, the alleged contraventions by the ATA and Body Bronze.
The ACCC is seeking:
- declarations that Tropical Sun, Body Bronze and the ATA contravened the Act and that Mr Meneilly was knowingly concerned in the alleged contraventions by Body Bronze and the ATA
- findings of fact
- injunctions restraining the parties from engaging in similar offending conduct in the future
- orders requiring each of Tropical Sun, Body Bronze and the ATA to implement a trade practices compliance program and Mr Meneilly to attend trade practices training
- orders that Tropical Sun, Body Bronze and the ATA publish notices informing their clients and solarium users of the outcome of the proceedings, and
- an order that the parties pay the ACCC's costs of the proceeding.
The matter has been filed in the Federal Court's Fast Track List and is listed for a scheduling conference in Melbourne on 24 July 2008.