Question 3 (20 Marks).

A combination of herbs used in traditional Indian medicine and sold by a big consumer goods company in India, under the name of "Coronil" is claiming to be an effective cure for any existing or new strain of Covid-19. "Coronil" first appeared in June last year, promoted by popular yoga guru Baba Ramdev, and described without any basis as a "cure" for Covid-19. There is no data to show it works as a treatment, but consumers are buying it based on word of mouth. There is a statement on the packaging and a promotion on the website to the effect that the product is the only cure for Covid-19 in the world. "Coronil" is now available in Australia and Chemist's Warehouse is stocking it on the shelf for $199. The Australian Therapeutic Goods Administration is seriously concerned about "Coronil" but have done nothing so far. Mary Singh caught the delta strain of Covid-19 while shopping at Aldi in Liverpool. She didn't seek medical assistance but used "Coronil" as a remedy instead. Mary almost died but luckily, she was admitted to hospital just in time. She now wants to make a claim against Chemist's Warehouse for misleading and deceptive conduct.

Focus on the claim of misleading and deceptive conduct

Is the conduct misleading and deceptive? What is the consequence of a contravention? Are there any remedies available?

Use the IRAC method to structure your answer and separate headings for 'Issue(s)', 'Rules', 'Application' and 'Conclusion'. (800 words)