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Herbex and HPA’s arguments ring hollow – ASA Final Appeal Committee Ruling

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Posted 17 October 2014

regan-hpa-herbexAfter more than a year of rulings, appeals, delays, and ultimately the Final Appeal Committee (FAC), former Constitutional Court Judge, Kate O’Regan and the Committee, brought additional clarity to the ASA.  (For brevity’s sake please accept that my references below to “Judge O’Regan” refer also to the Committee.)

 

  • Herbex claimed that the original substantiation by a medical doctor that Herbex worked, should stand. Judge O’Regan showed that the doctor had misread and contradicted the very evidence that he had provided in support of his substantiation. She rejected the substantiation.
  • Herbex introduced new substantiation into the final appeal without following the correct procedure. Although Judge O’Regan did look at (and rejected the merits of!) the new “evidence” – she emphasised that it was clear the Herbex did not have the evidence to hand before they started advertising the products. This is very important, and could form
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