Consumer Refunds for Claimed Health Cures Sold over Internet

August 17, 2005

Consumer Refunds for
Claimed Health Cures Sold over Internet

Australian Competition and Consumer Commission
News Release, February 10, 2003

Victorian-based Internet trader Mr Michael Desveaux will provide refunds to consumers who bought products via his website, Transformation 2012, based on false or misleading representations.

Products sold include O2xyrich Liquid Oxygen, Colloidal Copper, Colloidal Gold, SleepAweigh, Noni Juice, White Powder Gold and Etherium Gold, Olive Leaf Extract, Stevia, Peruvian Maca, Unique Water, Biosun Hopi Candle, and Colloidal Silver makers.

Mr Desveaux marketed the products on his website claiming that such products could “assist in treating and/or curing” such diseases and infections as AIDS, cancer, herpes, hepatitis, Epstein Barr , multiple sclerosis, chronic fatigue syndrome, discoid lupus, alcoholism and drug additions, bronchial asthma, dermatitis, and immune diseases.

The ACCC has accepted court-enforceable undertakings by Mr Desveaux to provide the refunds, and the Federal Court, Canberra, has made orders against Mr Desveaux for making false or misleading representations regarding health products on his website. The court orders include permanent injunctions restraining Mr Desveaux from engaging in similar conduct in the future, requiring him to undertake a trade practices compliance program, an order that Mr Desveaux provide a corrective notice on his website and declarations that the conduct of Mr Desveaux had breached certain provisions of the Trade Practices Act 1974. Mr Desveaux is required to incorporate a corrective statement on the offending section of his website.

The ACCC began proceedings against Mr Desveaux for misleading or deceptive conduct and false or misleading representations following the world-wide Sweep for misleading and deceptive claims about health products earlier this year. The Sweep was an official activity of the International Marketing Supervision Network, a network of consumer protection law enforcement agencies in 30 countries, whose driving purpose is action to prevent and redress cross border deceptive marketing practices.

“The outcome is a warning to traders making unsubstantiated claims about purported health benefits of products when in fact consumption of such products would not produce any of the beneficial effects claimed”, Acting ACCC Chairman, Mr Sitesh Bhojani, said today.

“In this instance, the health claims made were targeted toward the most vulnerable consumer, those with serious diseases and illnesses such as AIDS, cancer, herpes and hepatitis.

“The ACCC’s primary concern is that consumers with serious diseases and illnesses for which there are no known cures, are likely to be immediately attracted to such products. It is a real risk that a consumer would stop conventional medical treatment in place of products offering cures of such diseases, when in fact those claims are false.

“The ACCC will remain vigilant of traders selling and marketing products over the Internet which make unsubstantiated health claims.”

Representations Contained on Mr Desveaux’s Website

O2xyrich Liquid Oxygen “Enhanced functioning of immune system; destroying infections including Herpes, Hepatitis, Epstein Barr; controlling diseases including AIDS and cancer”
Colloidal Copper “Returning hair turned grey with ageing to its original colour; and removing or reducing wrinkles in the skin; cleans arteries, enhancement of the functioning of the liver and brain.”
Colloidal Gold “Stops heart pain, assists to cure prostate and ovarian cancer, Multiple Sclerosis, spinal problems, discoid lupus, glandular and nervous system conditions, arthritis, alcoholism, drug addictions, depression.”
SleepAweigh “Reduces the consequences of ageing, converts fat into muscle, contributes to substantial fat weight loss, improves functioning of immune system, promotes healing of burns and wounds, and restores sexual functioning in men who suffer impotence.”
Noni Juice “Increases energy, assists the functioning of the digestive tract, enhances sleep, assists in controlling moods and curing cancer and diabetes.”
White Powder Gold and Etherium Gold “Increases sensory perception, relieves stress, improves ability to learn and concentrate.”
Colloidal Silver “Destroys infections including Herpes, Hepatitis, Epstein Barr, Cytomegalovirus, the common cold and Influenza, controls AIDS, cancer and Epstein Barr, destroys infections caused by antibiotic resistant bacteria, destroys more than 650 disease causing organisms and destroys every virus, fungus and bacterium within 6 minutes.”
Olive Leaf Extracts “Strengthens immune system, assists to cure cold, influenza and other viral and bacterial diseases, assists in treating parasitic conditions and reduces high cholesterol.”
Stevia “Regulates blood sugar levels of diabetics, lowers elevated blood pressure, inhibits tooth decay and gum disease, reduces incidence of common cold and influenza, reduces desires for tobacco and alcoholic beverages, improves digestion, assists in treatment of acnes, rashes and eczema, reduces wrinkles and other skin blemishes”.
Peruvian Maca “Assists in management of female menopause, overcomes impotence and erectile difficulties in men and sterility in men and women”.
Unique Water “Assists in pain relief, relief from osteoarthritis and inflammation and dermatitis”.
Biosun Hopi Candle “Enhances immune system”
Colloidal Silver makers “Enables a person to disable or kill all pathogens without harming body cells.”

This page was posted on August 17, 2005.