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AFWM Pty Ltd trading as Cosmetics Plus (Cosmetics Plus) is a retailer of sunglasses and fashion spectacles which it retails throughout Australia. Cosmetics Plus retailed a number of sunglasses and fashion spectacles which it admitted did not comply with the labelling requirements of the mandatory product safety standard.
Cosmetics Plus and its director, Mr Larry Norden, have provided court enforceable undertakings to the ACCC that it:
will not supply sunglasses and fashion spectacles which do not fully comply with the relevant mandatory consumer product safety and information standards; and
will implement a trade practices corporate compliance program.
iSelect Health Pty Ltd recommends health insurance policies to the Australian public via an online search engine on its website as well as through its call centre. It can arrange for consumers to purchase a policy which it recommends. iSelect receives commissions from insurance companies in respect of the policies that it arranges for consumers to purchase.
The ACCC was concerned that iSelect made various representations which misrepresented the range of insurance policies which it compared when recommending a policy to consumers. In particular, the ACCC was concerned that iSelect made representations that:
misrepresented that it compared a significant proportion of health insurance policies available to consumers;
misrepresented the number of health insurance policies which it compared for consumers; and
misrepresented that it compared for consumers all the health insurance covers available to them and could find the best suited policy for a consumer's needs at the lowest price.
The ACCC was therefore of the view that iSelect had engaged in misleading conduct in contravention of sections 52, 53(c) and 55A of the Trade Practices Act.
iSelect has provided court enforceable undertakings that for a period of 3 years:
it will not make the representations of concern in specified circumstances where they may be misleading;
it will inform certain customers who it arranged to purchase a health insurance policy of the range of insurance policies which it compared for them; and
it will maintain a trade practices compliance program.