Opti-Pharm faces the music
December 20, 2012
OPTI-PHARM has been ordered
to withdraw a number of print and
website advertisements regarding
Sensa weight loss products.
The order, from the Complaints
Resolution Panel, related to Sensa
advertisements on trysensa.com.au,
chemistdirect.com.au, the Sunday
Mail and Woman’s Health
Magazine.
The adverts made claims such as:
“the biggest weight loss
breakthrough this century”, “sprinkle
on your food; eat well; lose weight!”,
“lose kilos without dieting”,
“completely new, clinically proven
way to lose weight”, and “eat the
foods you love and lose weight”.
The adverts were found to have
breached sections of the
Therapeutic Goods Act including
the publication of advertisements
for therapeutic goods that
are not included in the Register.
The panel also found that the
advertisements contained many
representations that had not been
verified, were not correct and
balanced, were likely to arouse
unwarranted expectations, and
were misleading.
These included the representations
that the advertised product was a
“weight loss system” or could effect
weight loss, could suppress the
appetite or hunger, was a weight
loss breakthrough or “the biggest
weight loss breakthrough this
century”, could enable consumers
to “lose kilos without dieting” or
“eat the foods [they] love and lose
weight”, could trigger the “satiety
centre in the hypothalamus” or
trigger the release of hormones
that suppress hunger and appetite,
and had been the subject of the
“largest clinical trial ever conducted
on a non-prescription weight loss
product”.
As such, the Panel has requested
Opti-Pharm Pty Ltd and Chemist
Direct withdraw the ads from
further publication; as well as to
withdraw any representations that
the advertised product is for any
therapeutic use, and issue retractions
on the websites and print media
where the ads initially featured.
MEANWHILE, commenting on the
finding self-appointed industry
watchdog, Dr Ken Harvey, said that
“While the CRP has upheld all
aspects of the complaint and asked
for a retraction of claims it remains
to be seen if this will be
forthcoming”.
“The CRP has no power to
enforce such action and the TGA
has yet to take a sponsor to court
to enforce a Regulation 9 order for
non-compliance.
“The impotence of the Australian
regulatory system with respect to
meaningful sanctions and correcting
advertising violations is starkly
revealed yet again,” he added.
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