ATQOL Pty Ltd - s.87B undertaking

Company or individual details

  • ATQOL Pty Ltd
    086 436 615

Undertaking

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. Kleiner M.D in the United States who had used the product himself.

ATQOL Pty Ltd admits that, by making the above representations, it is likely to have engaged in false, misleading or deceptive conduct in breach of sections 52 and 53(c) of the Act.

The ACCC has accepted a section 87B undertaking from ATQOL Pty Ltd. Pursuant to the undertaking, ATQOL will:

  • not make absolute representations as to the efficacy of the Anti-Snor Therapeutic Ring;
  • not make representations that the Anti-Snor Therapeutic Ring has a ‘proven history of successful drug free treatment of snoring’ unless it has caused clinical trials to be undertaken to prove such a history;
  • not make any representation that the Anti-Snor Therapeutic Ring has been tested, approved or recommended by a health professional unless that health professional has undertaken testing in accordance with accepted standards for the designing, conducting, recording and reporting of clinical trials;
  • amend the ATQOL website and any current and/or future advertisements or publications to remove the representations of concern;
  • ensure that all future representations made in the promotion and/or sale of the Anti-Snor Therapeutic Ring comply with Part V of the Act; and
  • establish and implement a trade practices compliance program

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