The Court has ordered respondents to publish a corrective video on YouTube and other video-streaming websites to counter false and misleading representations. This is the first occurrence of its kind for the Australian Competition and Consumer Commission (ACCC).
The proceedings against Newlife Publishing and Marketing Pty Ltd, Renew You Centre for Wellbeing and Longevity Pty Ltd, Bojan Schiantez and Dzung Kieu Price involved the “Biofast allergy elimination program”.
The respondents (comprising two companies and two natural persons) made representations to consumers about their ability to diagnose and treat allergies. Misrepresentations were made by the respondents that they could teach parents to test for and treat allergies in children, and, that post-treatment exposure to the allergies would be safe or low-risk.
Penalties amounting $185,000 were imposed on the respondents, and declarations were made by consent. Undertakings that the respondents would not engage in similar conduct for three years were obtained by the Court and costs orders were made.