The Australian Consumer and Competition Commission (ACCC) is bringing court action against diet spray company SensaSlim Australia for alleged misleading claims.
The ACCC claims SensaSlim has engaged in “misleading and deceptive conduct and made false representations in relation to the identity of SensaSlim officers, the Sensaslim Spray and the business opportunities offered by SensaSlim”.
The ACCC allegations include:
- Failing to disclose the involvement of Peter Foster in the business of SensaSlim;
- Falsely representing that the SensaSlim Spray was the subject of a large worldwide clinical trial when in fact no such trial was conducted;
- Falsely representing that Dr Capehorn, an obesity specialist, gave unqualified support to the effectiveness of the SensaSlim Spray and the purported clinical trials;
- Falsely representing that Michael Boyle was managing the business of SensaSlim;
- Failing to disclose that Michael Boyle was intending to resign as Director immediately following the launch of SensaSlim;
- Falsely representing that SensaSlim franchisees were already participating in, and profiting from, the SensaSlim franchise, that a SensaSlim franchise had a certain earning potential and that there was a “money back buy back guarantee”.
The ACCC is seeking court orders including declarations, injunctions, penalties, compensation orders, orders that SensaSlim officers be disqualified from managing corporations in the future and costs.