Homeopathy Plus! stated on its website that the whooping cough vaccine was “unreliable at best” and “largely ineffective”. This, the Court found, was misleading and deceptive conduct.
This case shows that false claims made about a competitor’s products can be in breach of Australian consumer law.
The Australian Competition and Consumer Commission (ACCC) takes action on exaggerated claims made by retailers or producers about their own products.
That wasn’t the only thing the Court found misleading and deceptive. It also took issue with the company’s claim that was an adequate foundation of medical science to indicate that homeopathy was an effective alternative to whooping cough vaccination.
The Court found that no such foundation existed, and that vaccination was the only disease prevention treatment approved and accepted by medical practitioners.
Financial penalties and other remedies will be determined by the Court on 4 February 2015.
Misleading and deceptive conduct comes in a variety of practices and affects all firms big and small.
Make sure you don’t misrepresent your products and services, or your competitors’.
Check out our competition and consumer protection law training courses to ensure your business is complying with the law.