Mail order house and director injuncted from misleading advertising Buyers Network International Pty Limited, trading as Nu-Life Publications, and its Director, Donald James Scott Finlay, have been injuncted against making false and misleading claims in national advertising concerning the promotion of the following publications: Foods That Make You Lose Weight and Honey, Vinegar & Garlic - Nature's Miracle Trio.
In the Federal Court, Sydney on Friday, the Australian Competition and Consumer Commission obtained declarations and orders, by consent, including that Buyers Network International and Finlay had engaged in conduct which contravened sections 52, 53(c) and 55 of the Trade Practices Act. The orders and declarations were made by Justice Beaumont who granted injunctions to prevent Buyers Network International and Finlay from making certain misleading claims about the health and weight loss benefits of honey, garlic and vinegar including claims that, by using the products as specified in the books, persons can dramatically increase the rate at which they burn calories and achieve substantial weight loss benefits (doubling their rate of weight loss overnight).
The injunctions granted also restrain the making of representations that particular foods contain 'negative calories', and that the consumption of such foods can produce weight loss by burning up the excess calories in other fattening foods.
Justice Beaumont also ordered Buyers Network International to publish corrective advertisements. The widespread nature of the original advertisements meant that the representations had been extensively and regularly advertised in publications, including national and state newspapers with wide circulations.
The advertisements must offer to pay refunds to any dissatisfied customers, who purchased the publications as result of the advertisements. Refunds will include the initial publication cost, the initial postage and handling charges together with any costs of returning the publications. If Buyers Network International does not pay the refunds, the Court has ordered Finlay to make good those refunds.
To be eligible for a refund, consumers need only return the publication or, if they no longer have the publication, simply complete a statutory declaration stating that he/she purchased the publication, was dissatisfied with it and is no longer in possession of it. The publication(s) or statutory declaration should be forwarded to:
Buyers Network International Unit 2, 74 Old Barrenjoey Road AVALON BEACH NSW 2107
Buyers Network International has also been ordered to implement a Trade Practices Compliance Program, a component of which is to adopt a complaints handling system which complies with Australian Standard AS 4269 - 1995 (Complaints Handling).
Finlay has also been restrained from participating in the exercise of control of any company solely or jointly where that company has not implemented such a Trade Practices Compliance Program. Buyers Network International and Finlay were also ordered to pay the Commission's costs of $10,000 in these proceedings.
Further information Professor Allan Fels, Chairman, (06) 264 2829 or pager (016) 373 536 Ms Lin Enright, Director, Public Relations, (06) 264 2808
In the Federal Court, Sydney on Friday, the Australian Competition and Consumer Commission obtained declarations and orders, by consent, including that Buyers Network International and Finlay had engaged in conduct which contravened sections 52, 53(c) and 55 of the Trade Practices Act. The orders and declarations were made by Justice Beaumont who granted injunctions to prevent Buyers Network International and Finlay from making certain misleading claims about the health and weight loss benefits of honey, garlic and vinegar including claims that, by using the products as specified in the books, persons can dramatically increase the rate at which they burn calories and achieve substantial weight loss benefits (doubling their rate of weight loss overnight).
The injunctions granted also restrain the making of representations that particular foods contain 'negative calories', and that the consumption of such foods can produce weight loss by burning up the excess calories in other fattening foods.
Justice Beaumont also ordered Buyers Network International to publish corrective advertisements. The widespread nature of the original advertisements meant that the representations had been extensively and regularly advertised in publications, including national and state newspapers with wide circulations.
The advertisements must offer to pay refunds to any dissatisfied customers, who purchased the publications as result of the advertisements. Refunds will include the initial publication cost, the initial postage and handling charges together with any costs of returning the publications. If Buyers Network International does not pay the refunds, the Court has ordered Finlay to make good those refunds.
To be eligible for a refund, consumers need only return the publication or, if they no longer have the publication, simply complete a statutory declaration stating that he/she purchased the publication, was dissatisfied with it and is no longer in possession of it. The publication(s) or statutory declaration should be forwarded to:
Buyers Network International Unit 2, 74 Old Barrenjoey Road AVALON BEACH NSW 2107
Buyers Network International has also been ordered to implement a Trade Practices Compliance Program, a component of which is to adopt a complaints handling system which complies with Australian Standard AS 4269 - 1995 (Complaints Handling).
Finlay has also been restrained from participating in the exercise of control of any company solely or jointly where that company has not implemented such a Trade Practices Compliance Program. Buyers Network International and Finlay were also ordered to pay the Commission's costs of $10,000 in these proceedings.
Further information Professor Allan Fels, Chairman, (06) 264 2829 or pager (016) 373 536 Ms Lin Enright, Director, Public Relations, (06) 264 2808