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Travis is a running enthusiast who has completed multiple marathons. He is a highly competitive racer, looking for opportunities to maximise performance wherever possible. He

Travis is a running enthusiast who has completed multiple marathons. He is a highly competitive racer, looking for opportunities to maximise performance wherever possible. He researches his attire meticulously, opting for high performance running shoes that minimise impact and fatigue, whilst wearing lightweight and aerodynamic running shorts and polo shirts.

Ladidas have been pushing the boundaries of running shoe technology and are claiming to have achieved great success with their newest product launch, The Assassin 9000TM. Ladidas claim that the shoe minimises fatigue by 20% through its improved sole. Additionally, as part of the AssassinTM range, Ladidas have also introduced microfibre running shirts that are lightweight, absorb sweat, and reduce friction, thus greatly increasing performance. Aside from the impressive claims, the range is launched with testimonials from Olympic runner, Pat Mervington, as well as Australian Football League Star, Duke Miller. All of this is enough to convince Travis to purchase a pair, even if only to 'try them out'.

Travis decides to wear both the shirt and shoes during the upcoming Gold Coast Marathon. Full of anticipation, Travis makes a fast start to the race, and is running with the lead pack. He would usually be more conservative, but with the expected improvement in fatigue, Travis is keen to push himself. Whilst Travis is able to maintain pace for a while, he slowly tires, quickly falling from 5th to 40th in the race. It seems like even runners known to be slower and less fit than Travis are passing him. Travis is so frustrated that he doesn't notice a runner passing on his left side and accidently cuts him off and they become entangled. Travis falls at high-speed hitting the pavement hard and due to the friction caused by Travis's fall, his shirt catches fire. Onlookers are horrified but are able to douse the flames and render assistance. Unfortunately for Travis, despite the crowd's best efforts, he is horrendously burned, is rushed to hospital and placed in a coma. The injuries are unheard of in the running industry which prompts investigation into the claims made by Ladidas.

After independent testing and analysis, the claims of reducing fatigue are proven to be fraudulent. Ladidas can produce no data to support the claim, and the independent analysis suggests that due to the new design, fatigue is actually increased, when compared with several leading brands of long-distance running shoes. Given the controversy, Pat Mervington and Duke Miller are asked if they stand behind the brand. The two men are confused as they have never had an association with Ladidas and did not know such an association had been claimed.

In a further blow for Ladidas, The Fire Department raised concerns about the flammability of the shirt worn by Travis. Whilst synthetic fibres tend to be fire resistant, it would seem that the shirt was treated with a liquid to reduce friction and this liquid was highly flammable. The head of the fire department highlights the irresponsibility of introducing a new product to the market without doing even the most basic and obvious of safety tests. The product will almost certainly be recalled, and at best will require significant warnings around the flammability of the material. Having woken up from his coma, Travis watches this development unfold and becomes more and more angry as each new piece of information is revealed. Travis is now contemplating a lawsuit and has made a formal complaint to the ACCC.

Please advise what actions may be taken by Travis or the ACCC. Please restrict your answer to discussions of the Australian Consumer Law and associated Case law.

***Please Read***

Use the ILAC (ISSUE, LAW, APLLICATION ADN CONCLUSION) method.

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