IGEA Life Sciences Pty Ltd, the promoter and supplier of Bodytrim, has signed a Court enforceable undertaking with Consumer Protection agreeing to place a corrective advertisement to clarify claims about their product.
Consumer Protection is concerned that claims in some of Bodytrim’s advertisements had the potential to mislead consumers in WA. Consumer Protection considers the advertisements implied that the product:
- does not require a person to diet, when in fact controlling calorie intake and food selection was part of the program;
- provides permanent and/or sustained weight loss; and
- involves scientific processes such as ‘re-setting fat hormones’, when there is no conclusive body of scientific opinion which concludes that weight loss is possible unless energy output exceeds energy input.
The supplier of Bodytrim agreed to place a full page advertisement in The Weekend West which outlined Consumer Protection’s concerns about the claims being made.
The company has also agreed to contact customers in WA who purchased their product between 1 February 2011 and 30 April 2012 and offer a refund, including any delivery costs, to those who establish that they have been misled by the advertising.
Commissioner for Consumer Protection Anne Driscoll said that any supplier making claims in advertising, particularly in the weight loss area, must be careful, especially with suggestions that special scientific processes are involved.
“Claims being made to promote a product must be able to be substantiated with reasonable evidence, otherwise companies risk being in breach of the Australian Consumer Law (ACL) and therefore face serious consequences,” Ms Driscoll said.