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Therapeutic Goods Administration

Misleading Claims: Titan Health – Ion Energiser

Date: 01/09/11
Code: 2011-06-016
Product: Titan Ion Energiser
Complainant: Requested anonymity
Respondent: Titan Health
Finding: Justified
Sections Found Justified: Code sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 5(1), 5(2)
Sections Found Not Justified: None
Action: Publication of retraction, Withdraw advertisement; withdraw representations

Titan Health's Advertisement

Findings of the Panel

10. Section 4(1)(b) of the Code requires that advertisements for therapeutic goods “contain correct and balanced statements only and claims which the sponsor has already verified.” Section 4(2)(a) of the Code prohibits representations that are “likely to arouse unwarranted and unrealistic expectations of product effectiveness”. Section 4(2)(c) of the Code prohibits representations that “mislead directly or by implication or through emphasis, comparisons, contrasts or omissions”.

11. In the absence of any evidence from the advertiser, the Panel was satisfied that all of the representations about therapeutic effects made in the advertisement had not been verified, were likely to arouse unwarranted expectations, and were misleading, in breach of these sections of the Code. These included the representations related to the severity of asthma attacks, depression, allergies, hayfever, sinus congestion, inflammation, colds, flu, and the immune system. These aspects of the complaint were therefore justified.

12. Section 4(2)(b) of the Code prohibits advertisements that are “likely to lead to consumers self-diagnosing or inappropriately treating potentially serious diseases”. In the view of the Panel, the advertisement was very likely to lead consumers into self-diagnosing or inappropriately treating potentially serious diseases, including asthma attacks and depression. This aspect of the complaint was therefore justified.

14. The Panel was satisfied that the advertisement breached section 5(1) of the Code because of references to the treatment of depression, and section 5(2) of the Code because of references to asthma attacks. These aspects of the complaint were therefore justified.

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About Bayani

Bayani is an advocate of rational thought and free-thinking; he dislikes ignorance and apathy, encourages others to thoroughly investigate the extraordinary claims they encounter, and to question underlying assumptions about their beliefs.

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