Diet Spray SensaSlim Under Fire

Sideroxylon · 22nd June 2011, 07:44 AM

There have been a couple of articles in an Australian paper relating to a diet spray product facing accusations by the Australian Competition and Consumer Commission of fabricating research.

Dodgy websites push diet spray
http://www.theage.com.au/national/70...622-1gfif.html

Today there is news of a class action.

70 claim rip-off on diet spray
http://www.theage.com.au/national/70...622-1gfif.html

Last year ACCC busted Power Balance for their misleading marketing.
http://en.wikipedia.org/wiki/Power_Balance

Looks like they are continuing the good work.

Emet · 22nd June 2011, 08:08 AM

Mentioned in your link:

Quote:

Seven people have complained about SensaSlim to the Therapeutic Goods Administration, including Melbourne academic Dr Ken Harvey, whose complaint prompted the company to launch a defamation case against him.

Quote:

Published: June 20, 2011
SensaSlim and me: how criticism of a weight-loss spray landed me in court

Ken Harvey
Adjunct Senior Lecturer of Public Health at La Trobe University

http://theconversation.edu.au/sensas...-in-court-1911

Quote:

Published: June 22, 2011
SensaSlim goes SLAPP, public interest crusader cops a legal whack

Cameron Stewart
Associate Professor at Sydney Law School at University of Sydney

Ian Kerridge
Associate Professor in Bioethics & Director, Centre for Values and Ethics and the Law in Medicine at University of Sydney

http://theconversation.edu.au/sensas...gal-whack-1889

Weak Kitten · 22nd June 2011, 08:23 AM

Wow, that is a sad story. I admire him for standing by his statement and I am sad that it is costing him so much time and money to do so.

This is yet another case where the messy libel laws are having a chilling effect on people making legitimate complaints about faulty or improperly advertized products. It seems like more and more skeptics and scientists are getting hit by libel laws every year just for telling the truth.

Obviously courts around the world need to change the libel laws so that if you are sued for libel and win the company/people who sued you have to pay you the argued amount, for libeling you!

Emet · 22nd June 2011, 08:39 AM

Originally Posted by Weak Kitten

Obviously courts around the world need to change the libel laws so that if you are sued for libel and win the company/people who sued you have to pay you the argued amount, for libeling you!

I've always thought that fees should be paid for legal services in most, if not all lawsuits. In the US, many attorneys take cases based on a contingency fee. So if you can find a lawyer to take your case, you can sue me for many things. If you lose, it hasn't cost you a cent.

In my view, if you lose, you should have to pay my legal fees, as well as your own. Obviously, that wouldn't be fair in many cases. But I'm specifically thinking of frivolous lawsuits, and how easy it is to find a lawyer to take your case for free, in certain circumstances.

In the US, there are 27 states with various anti-SLAPP statutes.

http://en.wikipedia.org/wiki/Strateg...nal_variations

Sideroxylon · 22nd June 2011, 11:15 AM

Yes, Dr Harvey's situation in this is sad. I wonder how the Australian Competition and Consumer Commission's case and the class action might affect his position. Perhaps it will limit their financial ability to maintain their action against him. Maybe they would see continuing to fight him as pointless with ACCC action discrediting their product anyway.

lionking · 23rd June 2011, 01:21 AM

I hope the court deals with these charlatans severely. But then again there are no end of homeopaths making equally ridiculous claims with impunity. I hope to see the day when they are all dealt with.

Sideroxylon · 24th November 2011, 07:23 AM

The TGA has finally taken action on this rubbish.

Quote:

SensaSlim banned for advertising breach
A SHONKY diet nasal spray linked to conman Peter Foster has been banned by the Therapeutic Goods Administration nearly a year after the regulator first received a complaint about the product.

Read more: http://www.theage.com.au/national/se...#ixzz1edTZac74

The article also details Dr Ken Harvey's defence of a defamation action against him by this company. He has successfully defended himself in the Supreme Court of NSW but now must face similar in the state of Queensland. Kudos to supporters including the Australian Skeptics for funding his legal defence.

Interesting to see Peter Foster^WP's name in this. He was involved with dodgy weight loss teas and Samantha fox in the '80s and apparently a financial advisor to Cherie Blair in 1982.

22nd June 2011, 07:44 AM	#1
Sideroxylon Gavagai! Join Date: Aug 2008 Location: Turkey Posts: 10,641	Diet Spray SensaSlim Under Fire There have been a couple of articles in an Australian paper relating to a diet spray product facing accusations by the Australian Competition and Consumer Commission of fabricating research. Dodgy websites push diet spray http://www.theage.com.au/national/70...622-1gfif.html Today there is news of a class action. 70 claim rip-off on diet spray http://www.theage.com.au/national/70...622-1gfif.html Last year ACCC busted Power Balance for their misleading marketing. http://en.wikipedia.org/wiki/Power_Balance Looks like they are continuing the good work.
	__________________ 'The first principle is that you must not fool yourself - and you are the easiest person to fool.' - Richard Feynman

22nd June 2011, 08:08 AM	#2
Emet Illuminator Join Date: Jun 2010 Posts: 3,395	Mentioned in your link: Quote: Seven people have complained about SensaSlim to the Therapeutic Goods Administration, including Melbourne academic Dr Ken Harvey, whose complaint prompted the company to launch a defamation case against him. Quote: Published: June 20, 2011 SensaSlim and me: how criticism of a weight-loss spray landed me in court Ken Harvey Adjunct Senior Lecturer of Public Health at La Trobe University http://theconversation.edu.au/sensas...-in-court-1911 Quote: Published: June 22, 2011 SensaSlim goes SLAPP, public interest crusader cops a legal whack Cameron Stewart Associate Professor at Sydney Law School at University of Sydney Ian Kerridge Associate Professor in Bioethics & Director, Centre for Values and Ethics and the Law in Medicine at University of Sydney http://theconversation.edu.au/sensas...gal-whack-1889
Emet Illuminator Join Date: Jun 2010 Posts: 3,395

22nd June 2011, 08:23 AM	#3
Weak Kitten Graduate Poster Join Date: Sep 2010 Location: Lost and lonely...will you be my friend? Posts: 1,728	Wow, that is a sad story. I admire him for standing by his statement and I am sad that it is costing him so much time and money to do so. This is yet another case where the messy libel laws are having a chilling effect on people making legitimate complaints about faulty or improperly advertized products. It seems like more and more skeptics and scientists are getting hit by libel laws every year just for telling the truth. Obviously courts around the world need to change the libel laws so that if you are sued for libel and win the company/people who sued you have to pay you the argued amount, for libeling you!
	__________________ A quick reminder to all participants that although incomprehensibility is not against the Membership Agreement, incivility is. Please try and remember this, and keep your exchanges polite and respectful. -arthwollipot

22nd June 2011, 08:39 AM	#4
Emet Illuminator Join Date: Jun 2010 Posts: 3,395	Originally Posted by Weak Kitten Obviously courts around the world need to change the libel laws so that if you are sued for libel and win the company/people who sued you have to pay you the argued amount, for libeling you! I've always thought that fees should be paid for legal services in most, if not all lawsuits. In the US, many attorneys take cases based on a contingency fee. So if you can find a lawyer to take your case, you can sue me for many things. If you lose, it hasn't cost you a cent. In my view, if you lose, you should have to pay my legal fees, as well as your own. Obviously, that wouldn't be fair in many cases. But I'm specifically thinking of frivolous lawsuits, and how easy it is to find a lawyer to take your case for free, in certain circumstances. In the US, there are 27 states with various anti-SLAPP statutes. http://en.wikipedia.org/wiki/Strateg...nal_variations
Emet Illuminator Join Date: Jun 2010 Posts: 3,395	Last edited by Emet; 22nd June 2011 at 08:56 AM.

22nd June 2011, 11:15 AM	#5
Sideroxylon Gavagai! Join Date: Aug 2008 Location: Turkey Posts: 10,641	Yes, Dr Harvey's situation in this is sad. I wonder how the Australian Competition and Consumer Commission's case and the class action might affect his position. Perhaps it will limit their financial ability to maintain their action against him. Maybe they would see continuing to fight him as pointless with ACCC action discrediting their product anyway.
	__________________ 'The first principle is that you must not fool yourself - and you are the easiest person to fool.' - Richard Feynman

23rd June 2011, 01:21 AM	#6
lionking In the Peanut Gallery Join Date: Jan 2007 Location: Melbourne Posts: 29,677	I hope the court deals with these charlatans severely. But then again there are no end of homeopaths making equally ridiculous claims with impunity. I hope to see the day when they are all dealt with.
	__________________ A fanatic is one who can't change his mind and won't change the subject. Sir Winston Churchill

24th November 2011, 07:23 AM	#7
Sideroxylon Gavagai! Join Date: Aug 2008 Location: Turkey Posts: 10,641	The TGA has finally taken action on this rubbish. Quote: SensaSlim banned for advertising breach A SHONKY diet nasal spray linked to conman Peter Foster has been banned by the Therapeutic Goods Administration nearly a year after the regulator first received a complaint about the product. Read more: http://www.theage.com.au/national/se...#ixzz1edTZac74 The article also details Dr Ken Harvey's defence of a defamation action against him by this company. He has successfully defended himself in the Supreme Court of NSW but now must face similar in the state of Queensland. Kudos to supporters including the Australian Skeptics for funding his legal defence. Interesting to see Peter Foster^WP's name in this. He was involved with dodgy weight loss teas and Samantha fox in the '80s and apparently a financial advisor to Cherie Blair in 1982.
	__________________ 'The first principle is that you must not fool yourself - and you are the easiest person to fool.' - Richard Feynman