Representations by two people about the efficacy of an alleged treatment for chronic fatigue syndrome will not be made during legal proceedings before the Federal Court, Perth.
The Australian Competition and Consumer Commission has instituted legal proceedings against Mr Paul Storer and his wife, Linda, alleging they made false and misleading representations about Paul Storer's qualifications and the benefits of using the product Probiotics in isolation as a cure for chronic fatigue syndrome. The representations are alleged to have occurred in lectures and workshops conducted on the Gold Coast, Melbourne, Adelaide and Perth, and on the television programs, Today Show and A Current Affair. The ACCC alleges that Mr Storer claimed that there were more than 1,000 published articles supporting the use of Probiotics in treating the syndrome; represented that sufferers needed the product; and that the product had a 60 to 70 per cent success rate. The ACCC also alleges Mr Storer had claimed to be a 'doctor' including a claim that he held a PhD in microbiology from the University of Western Australia. The ACCC alleges that the claims are false.
The ACCC sought interim court orders stopping the Storers from making the claims until the matter was finally decided by the court. The Storers have now provided undertakings that until completion of the trial they will not represent or infer that:
- Paul Storer is, or is entitled to be, described as a doctor;
- Paul Storer is the holder of a PhD;
- Paul Storer was, or is entitled to practise medicine or surgery;
- chronic fatigue syndrome sufferers who had followed a management plan promoted by the Storers had got well after three months;
- chronic fatigue syndrome sufferers will get well after three months if they follow the management plan;
- all, or alternatively that a significant number of chronic fatigue syndrome sufferers who had followed the management plan and/or used products supplied by the Storers had either been cured of the syndrome, had termination of the symptoms or gained long term remission;
- following the plan and/or using the products would for all, or for a significant number of people, result in a cure for the syndrome; and
- there was significant evidence of the efficacy of the management plan and/or the products.
The ACCC is seeking courts orders restraining Mr Storer from making the representations; declarations of breaches of the Act; corrective advertisements; refunds for affected consumers; a compliance program and costs. The next directions hearing is set down for 7 December 2000.
29 November 2000