ACCC allergy proceedings
October 5, 2010
THE Australian Competition and
Consumer Commission has issued
contempt of court proceedings
against a company which claims to
be able to accurately test for
allergic reactions.
Allergy Pathway Pty Ltd, formerly
known as Advanced Allergy
Elimination, and its director Paul
Keir, is the subject of orders for
alleged contempt of court,
according to an ACCC application.
The move follows a ruling on 27
Aug last year, when the Federal
Court in Melbourne declared that
Allergy Pathway had engaged in
“false, misleading and deceptive
conduct” in making certain claims
about its allergy treatments.
In particular the company and
Keir gave undertakings to the court,
promising not to represent that the
company could “accurately test for
and identify an allergen for a
person and/or a substance which
causes a person’s allergic reaction”.
The company also had to
promise not to say it could cure or
successfully treat allergies, as well
as discounting previous claims that
after treatment it was safe for a
previously allergic person to have
contact with their allergen.
However now the ACCC says that
Allergy Pathway had breached its
undertakings, by making these
types of claims on its website at
www.allergypathway.com.au and
also on the company’s Twitter and
Facebook accounts.
The ACCC is seeking that Allergy
Pathway and Keir be fined for
contempt, be constrained from
engaging in similar conduct for five
years, pay the ACCC’s costs of the
court case, publish corrective
notices and send corrective letters
to its customers.
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