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ATQOL Pty Ltd is the manufacturer and online supplier of the Anti-Snor Therapeutic Ring, a ring designed to place pressure on the little finger of the palm side of the left hand.
In 2009, ATQOL made various representations to the effect that the Anti-Snor Therapeutic Ring:
will stop a person from snoring, relieve sinus problems, or relieve restless sleep and insomnia;
has a ‘proven history of successful drug free treatment of snoring’; and
is ‘Tested and recommended by a Physician’.
These representations appeared in a television advertisement which it caused to air on Channel 7 on 25 August 2009 and on the ATQOL website, www.nosnor.com.
The ACCC raised concerns that ATQOL did not have medical or other scientific evidence that would support an absolute representation as to the efficacy of the Anti-Snor Therapeutic Ring in stopping users from snoring, relieving sinus problems, restless sleep or insomnia.
In addition, ACCC raised concerns that ATQOL had no basis for saying that the Anti-Snor Therapeutic Ring has a 'proven history of successful drug free treatment of snoring' other than the fact it has achieved significant sales, it was continually re-ordered by retailers and that few customer sought refunds.
Lastly, the ACCC raised concerns that ATQOL also had no basis for saying that its product had been 'Tested and recommended by a Physician' (which suggests that the product has been tested and approved by a doctor or otherwise has been provided with some kind of medical verification) when in fact the statement was a reference to a testimonial provided by E.
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