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Assume that the stolen container is miraculously found and delivered safely to Ian in Melbourne. Ian happily places the packets of Remedy Mix on display;
- Assume that the stolen container is miraculously found and delivered safely to Ian in Melbourne. Ian happily places the packets of Remedy Mix on display; and begins to sell them. A week later, however, a customer lodges a complaint with the Australian Therapeutic Goods Administration (TGA), claiming that the Remedy Mix is 'fake powder'. The TGA performs tests on several packets; and discovers that there is only a tiny amount of the active ingredients actually present in the powder, and that Remedy Mix is mostly comprised of a rice-flour/ soybean compound. The compound is harmless, however the TGA fines Ian for selling falsely labelled medical products (the label says that the powder is 50% comprised of the active ingredient). Ian is also forced to recall all of the sold packets of Remedy Mix; and compensate affected customers.
What can Ian do (if anything) to obtain compensation for at least some of the losses he has suffered?
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