The Australian Competition and Consumer Commission has applied for orders in the Federal Court, Melbourne, against Allergy Pathway Pty Ltd (formerly known as Advanced Allergy Elimination Pty Ltd) and its sole director, Mr Paul Keir, for alleged contempt of court.
On 27 August 2009 Justice Finkelstein of the Federal Court in Melbourne declared that Allergy Pathway had engaged in false, misleading and deceptive conduct in making certain representations made about its allergy treatments (see previous news release 210/09). The court also declared that Mr Keir was knowingly concerned in, or a party to, Allergy Pathway's contraventions.
As part of the resolution of that proceeding, Allergy Pathway and Mr Keir gave undertakings to the court. Allergy Pathway undertook not to represent that:
- it can accurately test for and identify an allergen for a person and/or a substance which causes a person's allergic reaction
- it can cure or eliminate, or successfully treat, any allergies or any allergic reactions
- its treatment for a person's allergies or allergic reactions is safe and/or low risk, or
- after its treatment of a person's allergies or allergic reactions it is safe for that person to have contact with the allergen to which the person had an allergic reaction.
Mr Keir undertook not to be directly or indirectly involved in the publication of any representations of the type outlined above.
The ACCC is alleging that Allergy Pathway and Mr Keir have breached their undertakings by making representations of the type outlined above on Allergy Pathway's website at www.allergypathway.com.au and on Allergy Pathway's Twitter and Facebook accounts.
The ACCC is seeking that Allergy Pathway and Mr Keir be fined for contempt, be restrained from engaging in similar conduct for a period of five years and pay the ACCC's costs of this proceeding. The ACCC is also seeking orders requiring Allergy Pathway to publish corrective notices and send corrective letters to its customers.
The matter is returnable at 9.30 a.m. on 5 October 2010 at the Federal Court in Melbourne.