Tag Archives | Katharine Child

Court action: Herbex vs ASA

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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

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