The Australian Competition and Consumer Commission has instituted Federal Court proceedings against Buyers Network International Pty Ltd and a director, Donald James Scott Finlay, alleging misleading, deceptive and false representations concerning the promotion of three books, Honey, Vinegar and Garlic - Nature's Miracle Trio, The Vinegar, Garlic and Olive Oil Recipe Book and 43 Foods That Make You Lose Weight.
The ACCC has alleged that advertising promoting the books makes claims including:
- garlic and vinegar can "Double Your Weight Loss Overnight";
- honey, garlic and vinegar can cure or rid the body of numerous diseases, including cancer;
- that people can lose weight by eating foods that contain "negative calories"; and
- these benefits can be obtained by reading the books in question.
The ACCC alleges that the representations are untrue and that persons cannot by using either or any of the publications achieve the claimed weight loss or cure themselves of the stated ailments. It also alleges that the representations are not based on, or supported by, scientifically accepted research or studies.
The ACCC is seeking Federal Court declarations that the company has engaged in misleading or deceptive conduct; has represented that goods have performance characteristics, uses or benefits they do not have; and has engaged in conduct that is liable to mislead the public as to the nature or characteristics of goods or their suitability for the purpose.
The ACCC is also seeking orders that the company be restrained from publishing or broadcasting promotional material that makes the alleged representations and that the company pay a refund to any consumer who claims to have been misled by the promotion. The ACCC also seeks orders for corrective advertising and an order for the company to institute a trade practices compliance program.
The ACCC is seeking similar declarations and orders against Finlay.
A directions hearing will be held in the Federal Court, Sydney on 4 July 1997.
Further information Ms Lin Enright, Director, Public Relations, (06) 264 2808