Ergoline (Australia) Pty Limited - variation - s.87B undertaking

Variation to Undertaking of 08/08/01

Variation to the Undertaking given by Ergoline (Australia) Pty Limited ('Ergoline') clarifying wording relating to warnings required to be placed in advertisements, see paragraph (6)(b)(iii).

Background

Ergoline is a major distributor of sunbeds in Australia. It distributed a range of brochures to tanning salon operators. The Commission considered the brochures contained misleading claims because they suggested that solarium tanning brings health benefits and carries no risks.

Ergoline ceased distributing the brochures when contacted by the Commission. It provided a Section 87B undertaking that it will no longer make the claims and that it will distribute corrective notices that warn of the risks of solarium tanning. The corrective notices will be distributed to customers, placed in newspapers and on promotional material.

Ergoline also undertake to:

• provide adhesive warning stickers with each tanning unit it supplied to solarium operators with instructions for it to be affixed in a visible position on the unit for the benefit of users;
• affix a warning sticker to any brochures depicting people using sunbeds without eye protection warning of the need for protective eyewear to prevent damage; and
• adopt a Trade Practices Compliance Program.