ASA launches appeal against Herbex High Court ruling

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

Court action: Herbex vs ASA

Posted 15 May 2016

As a consumer, do you care about whether or not the Advertising Standards Authority (ASA) has “jurisdiction” over the advertising of a product or a company selling certain products? Or do you want to be sure that the advertising is not false and misleading, so that you don’t waste your hard-earned money?

In court judgement dated 5 May, the Gauteng local division of the High Court ruled that the ASA had no jurisdiction over Herbex, because Herbex was not a member of the ASA. The overriding issue of interest to consumers is not about jurisdiction, but about whether or not the products work as claimed in the advertising. The issue of “effectiveness” was not included in the court challenge. However the EFFECT of the jurisdiction ruling, has left the issue of the effectiveness of the products (and their advertising) unaddressed. The previous rulings of the … Read the rest