Victorian based Internet trader Mr Michael Desveaux will provide refunds to consumers who bought products via his website, Transformation 2012, based on false or misleading representations.
Products sold include O2xyrich Liquid Oxygen, Colloidal Copper, Colloidal Gold, SleepAweigh, Noni Juice, White Powder Gold and Etherium Gold, Olive Leaf Extract, Stevia, Peruvian Maca, Unique Water, Biosun Hopi Candle, and Colloidal Silver makers.
Mr Desveaux marketed the products on his website claiming that such products could "assist in treating and/or curing" such diseases and infections as AIDS, cancer, herpes, hepatitis, Epstein Barr , multiple sclerosis, chronic fatigue syndrome, discoid lupus, alcoholism and drug additions, bronchial asthma, dermatitis, and immune diseases.
The ACCC has accepted court-enforceable undertakings by Mr Desveaux to provide the refunds, and the Federal Court, Canberra, has made orders against Mr Desveaux for making false or misleading representations regarding health products on his website. The court orders include permanent injunctions restraining Mr Desveaux from engaging in similar conduct in the future, requiring him to undertake a trade practices compliance program, an order that Mr Desveaux provide a corrective notice on his website and declarations that the conduct of Mr Desveaux had breached certain provisions of the Trade Practices Act 1974. Mr Desveaux is required to incorporate a corrective statement on the offending section of his website.
The ACCC began proceedings against Mr Desveaux for misleading or deceptive conduct and false or misleading representations following the world-wide Sweep for misleading and deceptive claims about health products earlier this year. The Sweep was an official activity of the International Marketing Supervision Network, a network of consumer protection law enforcement agencies in 30 countries, whose driving purpose is action to prevent and redress cross border deceptive marketing practices.
"The outcome is a warning to traders making unsubstantiated claims about purported health benefits of products when in fact consumption of such products would not produce any of the beneficial effects claimed”, Acting ACCC Chairman, Mr Sitesh Bhojani, said today.
"In this instance, the health claims made were targeted toward the most vulnerable consumer, those with serious diseases and illnesses such as AIDS, cancer, herpes and hepatitis.
"The ACCC’s primary concern is that consumers with serious diseases and illnesses for which there are no known cures, are likely to be immediately attracted to such products. It is a real risk that a consumer would stop conventional medical treatment in place of products offering cures of such diseases, when in fact those claims are false.
"The ACCC will remain vigilant of traders selling and marketing products over the Internet which make unsubstantiated health claims".