Danoz Direct Pty Ltd - s.87B undertaking

Company or individual details

  • Danoz Direct Pty Ltd
    003 546 709
  • Danoz Directions Pty Ltd
    092 832 534
  • Emjoi Australasia Pty Ltd
    073 815 344

Undertaking

Since 1997 Danoz Direct Pty Ltd, Danoz Directions Pty Ltd and Emjoi Australasia Pty Ltd ("Danoz") promoted and sold pest repellent devices branded Pest Contro and Pest Offense in Australia.

These devices plug into a power point and allegedly repel cockroaches, rats, mice and other household pests. The claims made by Danoz include that the devices will work on a range of pests, will cover a certain area, will get rid of pests for good and that they have won awards overseas.

The Commission considers that Danoz has overstated the efficacy of the devices and has stated or implied product endorsement or approval it does not have.

In the Undertaking signed with the Commission, Danoz acknowledges that it may have contravened sections 52 and 53(c) of the Trade Practices Act 1974 and undertakes to cease making the false and misleading representations. It also makes the following undertakings:

  • Danoz will offer refunds to consumers who believe they have been misled by the efficacy or endorsement claims and who purchased the devices after 1 July 1997. The refund offer is open until 31 July 2004 and is described by Danoz as an "extended warranty period" or a "satisfaction guarantee period";
  • Danoz will place corrective advertising in the form of the Attachment A Consumer Notice. This advertising includes two weeks on the Danoz website with pop-up window, three weeks in all catalogue distribution and three weeks of national television advertising at two advertisements per week on Channel 7 and Network Ten;
  • Danoz will, within three months, upgrade the Abtronic TPA compliance program to ensure a compliance review process for future promotional claims as to efficacy or endorsement; and
  • Danoz will send letters to all Danoz retailers/distributors concerning the undertakings and the compliance program upgrade

Attachments