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Media Release:
ACCC’S PRESS SPIN IS MISLEADING
Wednesday, 21 July 2004
[Click
here for main story on Jenny Burke and Australian Biologics]
The ACCC this week showed that it was more interested in
generating media coverage than being held to the same
requirement not to be “false and misleading” that it uses
against other organisations, according to one Sydney based
pathology laboratory.
Late last week the ACCC issued a press release “ACCC Settles
Proceedings Against Australian Biologics” in which it appeared
to claim some type of victory over pathology laboratory,
Australian Biologics.
In contrast to the reading of the ACCC’s ‘press spin’, the
settlement actually represented a significant win for
Australian Biologics with its conduct being effectively
exonerated by not being required to make any concession that
it breached the Trade Practices Act in the promotion of its
Live Blood, Clot Retraction and Thermogram tests. In addition,
Australian Biologics did not have to pay any of the ACCC’s
costs.
This flies in the face of the ACCC’s media release. The ACCC’s
press release infers that Australian Biologics agreed that the
tests were not “diagnostic”. The ACCC action was defended by
Australian Biologics on the basis that these were never
claimed to be diagnostic tests but were, in fact, screening
tests.
Australian Biologics proudly stands by its services and is
confident of the efficacy of the tests that it offers.
The ACCC action was based on only one complaint from a single
medical practitioner, Dr John Dwyer, who never utilised or
experienced the tests he complained about. Dwyer is a
well-known campaigner against complementary and alternative
medicine. Importantly, the action was not based on any
consumer complaint. In fact, consumers rallied behind
Australian Biologics to establish a fighting fund to assist
Australian Biologics defend the tests and itself from the ACCC
attack.
“Our settlement with the ACCC contained no admission that we
had made misleading or deceptive representations or that
Australian Biologics did not have reasonable grounds for
making the representations. It is implicit in the settlement
that the ACCC accepted that it could not prove that Australian
Biologics breached the Trade Practices Act,” said Jennie
Burke, Managing Director of Australian Biologic Testing
Services Pty Ltd.
“The scientific evidence filed by Australian Biologics in
support of its tests was extensive, impressive and compelling.
This action would not have settled on the terms that it did if
that not been the case.”
“Australian Biologics will continue to provide testing
services for the benefit of patients and to assist medical
practitioners and holistic practitioners in improving the
state of their patients’ health, “said Ms Burke.
For further information or interview please contact:
Mark Donohoe, NHCA President on 0422 997-408 or
Jennie Burke, Australian Biologics MD on 0415 416-872.
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