Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd [2014] FCA 238

Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd [2014] FCA 238

Safe Breast Imaging's promotional materials and information pack conveyed the pleaded assurance, risk of cancer, substitute for mammography, medical doctor and registered medical practitioner representations to the relevant public. The scientific representations were false or misleading because there was insufficient evidence or no adequate scientific medical basis supporting use of the MEM device to provide assurance of no breast cancer, assess breast cancer risk, or act as a substitute for mammography. The medical practitioner representations were false because the named doctors did not interpret images or prepare reports and the report writers were not registered medical practitioners...

Jurisdiction
Australia
Judgment Date
18 March 2014
Procedural Posture
Consumer Law Proceeding Alleging Misleading or Deceptive Conduct, False or Misleading Representations and Accessorial Liability / Reasons for Judgment on Liability; Relief and Final Orders Reserved for Further Submissions
Outcome
The Court found that Safe Breast Imaging contravened the ACL and the TP Act as alleged at material times in respect of the promotional material and information pack, and that Ms Firth was liable for those contraventions as an accessory. The Court reserved relief and final orders for further submissions.
Legal Topics
['misleading or Deceptive Conduct' 'false or Misleading Representations' 'breast Imaging Services' 'australian Consumer Law' 'trade Practices Act' 'accessorial Liability' 'pecuniary Penalties and Injunctive Relief']
['consumer Law' 'competition and Consumer Regulation'] ['misleading or Deceptive Conduct' 'false or Misleading Representations' 'breast Imaging Services' 'australian Consumer Law' 'trade Practices Act' 'accessorial Liability' 'pecuniary Penalties and Injunctive Relief']

Case Brief

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Procedural Posture

Consumer Law Proceeding Alleging Misleading or Deceptive Conduct, False or Misleading Representations and Accessorial Liability / Reasons for Judgment on Liability; Relief and Final Orders Reserved for Further Submissions

Legal Issues

  1. 1 ['Whether Safe Breast Imaging made the pleaded assurance, risk of cancer, substitute for mammography, medical doctor and registered medical practitioner representations to the public.' 'Whether each representation, if made, was false or misleading.' "Whether Ms Firth was knowingly concerned in or a party to Safe Breast Imaging's contraventions."]

Ratio Decidendi

Safe Breast Imaging's promotional materials and information pack conveyed the pleaded assurance, risk of cancer, substitute for mammography, medical doctor and registered medical practitioner representations to the relevant public. The scientific representations were false or misleading because there was insufficient evidence or no adequate scientific medical basis supporting use of the MEM device to provide assurance of no breast cancer, assess breast cancer risk, or act as a substitute for mammography. The medical practitioner representations were false because the named doctors did not interpret images or prepare reports and the report writers were not registered medical practitioners...

Court Disposition

The Court found that Safe Breast Imaging contravened the ACL and the TP Act as alleged at material times in respect of the promotional material and information pack, and that Ms Firth was liable for those contraventions as an accessory. The Court reserved relief and final orders for further submissions.

Orders

  • ['The Court will receive submissions and hear from the parties as to the appropriate relief to be granted and the terms in which final orders in the proceeding should be made.']