Medical treatments advertising: Contempt of court

The ACCC had previously brought proceedings against a number of corporate respondents trading under the name Advanced Medical Institute and some individual respondents. The ACCC’s case at trial, which was largely accepted by the trial judge, was that the corporate respondents had engaged in unconscionable conduct in their marketing and sale of medical treatments for premature ejaculation and erectile dysfunction.

17 December 2015 saw the publication of reasons in a subsequent action in which the ACCC alleged that two of the respondents had breached the orders made by North J on 22 April 2015, and for the imposition of fines for contempt.

In Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 the Court at [94] held that the two NRM entities ( the 6th and 7th respondents) had breached paragraph 9(c)(i) of the April 2015 orders and was guilty of contempt of court by the publication of certain radio, television and internet statements.

The matter was adjourned for later consideration of penalties.

NRM and Mr Vaisman have appealed the earlier judgment of Justice North. The appeal is scheduled to commence before the Full Court of the Federal Court in May 2016.

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