Question
A company called Healthfirst has introduced a new drink named Nectar. While advertising the drink on TV and in newspapers, the company claims that 'one
A company called Healthfirst has introduced a new drink named "Nectar". While advertising the drink on TV and in newspapers, the company claims that 'one drink of Nectar every day over 100 days will help reduce 10kg of weight'. The company made a profit of $2.7m in its first three months of selling Nectar. However, some sceptical customers took the drink to a laboratory for testing its ingredients and found that the description of ingredients on the label of the drink is not accurate. A further scientific investigation has also proved that the claim of reducing weight is exaggerated.
Do you think any action can be taken against Healthfirst under Australian Consumer Law (ACL)? In addition to the legislative provisions of the ACL, please also refer to at least one relevant case law in your answer.
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