ACCC Alleges Misleading Internet Marketing
of Health Products
Australian Competition and Consumer Commission
News Release, September 23, 2002
The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Canberra against Internet trader, Michael Desveaux alleging misleading and deceptive conduct, and false and misleading representations in breach of the Trade Practices Act 1974.
The ACCC is seeking an interim injunction to prevent Mr Desveaux making representations in respect of the health benefits to be experienced from the use of the marketed products.
The ACCC alleges that Mr Desveaux, via his Internet site www.transformation2012.com.au has engaged in misleading and deceptive conduct in relation to the marketing and sale of:
- Unique Water
- 02xyrich Liquid Oxygen
- Colloidal Silver
- Colloidal Gold
- Noni Juice
- White Powder Gold and Etherium Gold
- Olive Leaf Extract
- Colloidal Mineral
- Peruvian Maca
- Biosun Hopi Candle
- Colloidal Silver Makers
Among the claims made are that consumption of the products can 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 alleges that Mr Desveaux engaged in misleading and deceptive conduct and made false or misleading representations in breach of section 52 and 53c of the Act because the consumption of those products would not produce any of the beneficial effects claimed.
The ACCC is seeking orders including:
- declarations that Mr Desveaux has breached the relevant provisions of the Trade Practices Act 1974
- injunctions restraining Mr Desveaux from engaging in the same conduct in the future
- corrective advertising
- refunds for consumers
- an order requiring Mr Desveaux to undertake a trade practices compliance program
- findings of fact
The ACCC has also filed proceedings in the Federal Court, Canberra alleging that Mr Desveaux engaged in conduct designed to intimidate or harass an officer of the ACCC in breach of provisions of the Trade Practices Act and the Crimes Act. The ACCC is seeking orders that Mr Desveaux:
- not contact the ACCC officer the subject of the alleged conduct;
- will not disclose the ACCC officer’s details on his website or otherwise;
- will cause to be displayed on his website and via e-mail distribution list, a corrective statement; and
The matter has been listed for an interlocutory hearing in the Federal Court, Canberra on 25 September 2002 at 10 a.m., before Justice Finn.
The matter has been listed for a directions hearing in the Federal Court, Canberra on 11 October 2002 at 9.30 a.m., before Justice Finn.
This page was posted on August 17, 2005.