Dear Mrs Chuck


Thank you for your email of 1 June 2011 to the Australian Competition and Consumer Commission (ACCC) regarding your concerns about potentially misleading and deceptive conduct by Sensaslim.

The ACCC is responsible for administering the Competition and Consumer Act 2010 which incorporates the Australian Consumer Law (ACL). The ACL is a national law which applies to all business sectors. It covers general standards of business conduct, prohibits harmful practices, regulates specific types of business-to-consumer transactions, provides basic consumer rights for goods and services and regulates the safety of consumer products and product-related services.

Section 18 of the ACL is a broad provision which prohibits a person, in trade or commerce, from engaging in conduct which is misleading or deceptive, or which is likely to mislead or deceive. Whether particular conduct is misleading or deceptive is a question of fact to be determined in the context of the evidence as to the alleged conduct and to the relevant surrounding facts and circumstances.

Your complaint has been recorded by the ACCC and will be used in monitoring whether there is a pattern of conduct by Sensaslim or a pattern within the health industry which may raise concerns and will be used to inform the ACCC¶s compliance and enforcement activities. Whilst individual complaints also form the basis of investigations, it must be noted that the ACCC does not comment on matters we may or may not be investigating and the ACCC is unable to provide you with further information of any action we may or may not be taking in relation to your complaint. Please also note that the ACCC will only contact you again in relation to your complaint if we require further information or evidence to assist in our enquiries.

While all complaints are carefully considered, ACCC staff make decisions on which matters will be investigated further based on the ACCC¶s Compliance and Enforcement policy. A number of factors are weighed including whether conduct raises national or international issues, involves significant consumer detriment or a blatant disregard of the law.

Thank you for bringing this matter to the attention of the ACCC. I trust this information is of assistance.

Yours sincerely

Grace ACCC Infocentre 1300 302 502

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