Posted 03 June 2016
As previously posted here, Herbex took the ASA to the High Court arguing that the ASA has no jurisdiction over the claims Herbex made for their products.
Acting Judge D T v R Du Plessis ruled in Herbex’s favour. This should be contrasted with the ruling made by the highly respected former Constitutional Court Judge, Kate O’Regan, who considered the very same argument in a Final Appeal Committee (FAC) ruling. Herbex argued, among other, that although they are members of the HPA, and although the HPA are members of the ASA, that Herbex are not members of the ASA – and therefore that the ASA has no jurisdiction over their false claims.
Lawyers for the HPA joined those of Herbex in the latter’s appeal. Usually the FAC comprises 3 additional members, but because of the gravity of the appeal, this was increased to 5, and … Read the rest