Appeal outcome: Advanced Medical Institute & Vaisman

Yesterday saw the publication of reasons by the Full Court of the Federal Court, in the matter of NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC 98.

The Australian Competition & Consumer Commission published a summary of the outcome today. The business had been engaged in promoting and supplying medical services and medications for men suffering from sexual dysfunction.

Relevant findings and orders included:

NRM had engaged in unconscionable conduct targeting vulnerable consumers by its advertising and sales techniques;

Permanently restraining NRM from making statements and representations to any patient or prospective patient as to the efficacy of NRM treatments unless they are made by a medical practitioner in a face to face or video consultation;

Restraining Mr Vaisman from having a role in connection with training, supervising or counselling or terminating employees, agents or contractors of NRM for a period of seven years.