Swisse’s 2nd chance
May 28, 2012
A FEDERAL Court has found that
Swisse Vitamins was denied natural
justice when the TGACRP ordered it
to stop using its catch phrase
“You’ll feel better on Swisse”.
In its finding, the Federal Court
agreed with Swisse that the
company was not given enough
time to defend allegations made to
the TGA’s Complaints Resolution
Panel (TGACRP), saying that Swisse
was ‘denied procedural fairness’.
The Court also set aside the
order that Swisse withdraw
advertisements that included the
slogans ‘clinically proven’, ‘Tired?
Stressed? You’ll feel better on
Swisse?’ and ‘independently tested’.
Moving forward the Court
referred the matter back to the
Panel, for “further investigation”,
and ordered that the regulator pay
for Swisse’s legal costs.
“Swisse has maintained all along
that the process was fundamentally
flawed, which is why we took the
action that we did,” said Swisse
CEO Radek Sali.
“We feel completely vindicated by
today's judgment,” he added.
Meanwhile a spokesperson for
the TGA defended the agency
saying “the finding does not mean
that the advertisements in question
did not contravene the code”.
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