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Sensaslim (The web site for this bunch of crooks finally died in July 2012)
Sue away, scammer (13/8/2011)
There was this product called Sensaslim. It was an obvious fraud. It was promoted by someone with a history of slimming treatment fraud (although they forgot to mention that to prospective investors). The promoters lied about the science. They lied about its efficacy. They sued Dr Ken Harvey because he complained to the Therapeutic Goods Administration about the product (exploiting a loophole that prevented the TGA from doing any investigation while there was ongoing litigation related to a product). They went broke and couldn't pay their bills. Here is what the Australian Competition and Consumer Commission had to say:
ACCC takes court action against Sensaslim for alleged misleading claims
The Australian Competition and Consumer Commission has instituted proceedings against Sensaslim Australia Pty Ltd (Administrator Appointed) (Sensaslim), Mr Peter Clarence Foster, Mr Peter Leslie O'Brien, Mr Adam Troy Adams and Mr Michael Anthony Boyle.
The ACCC alleges that Sensaslim and several of its officers engaged in misleading and deceptive conduct and made false representations in relation to the identity of Sensaslim officers, the Sensaslim Spray and the business opportunities offered by Sensaslim.
The alleged conduct includes:
The ACCC is seeking court orders including declarations, injunctions, penalties, compensation orders, orders that Sensaslim officers be disqualified from managing corporations in the future and costs.
In the Federal Court NSW on 20 July 2011, Justice Yates made orders by consent granting leave for the ACCC to proceed against Sensaslim Australia Pty Ltd (Administrator Appointed) up to 27 July 2011.
Orders are extended to 27 July 2011 that Foster, O'Brien and Adams be restrained from taking further steps to make representations regarding the efficacy of the Sensaslim Spray where the basis for the representation is a clinical trial or scientific report, unless the clinical trial was conducted and is the subject of a scientific report which has been published in a peer reviewed scientific journal.
The matter has been adjourned for further hearing to 27 July 2011.
Release # NR 126/11
Issued: 21st July 2011
Peter O'Brien, mentioned above, responded this week with the following media release:
Sensaslim director files million dollar law suit against Dr Ken Harvey
Friday, 12 August 2011 15:00 Press Release
Brisbane, August 12, 2011
Sensaslim, the slimming spray company which claims its product is the most effective weight loss aid in the world, hit back at Dr Ken Harvey yesterday by filing a million dollar law suit against the sceptic they describe as a "chronic complainer".
Australian director Peter O'Brien personally filed in the Supreme Court action for libel and defamation against Dr Harvey following his calls for the product to be withdrawn from the market.
In a writ filed in the Supreme Court of Queensland, Mr O' Brien claimed that Dr Harvey had no grounds for calling for SensaSlim to be withdrawn from sale given that there are no safety issues over it.
"The TGA authorised SensaSlim for sale on the basis of its unique formulation and active ingredients," Mr O'Brien said. "It is issued with a TGA Listing number approving it for sale as a weight loss aid."
The Sensaslim Solution formulation combines five of the most thoroughly researched weight loss ingredients over the past 30 years. It uses all natural active components extracted from rare fruits and minerals, which together, act to stimulate the body's natural fat burning processes, reduce cravings of sugar and carbohydrates, maintain energy metabolism, inhibit fat synthesis, increase fat oxidation, encourage lean muscle mass and decrease body weight.
Sensaslim also contains a natural analgesic which acts to desensitise taste receptors on the tongue.
"For any product to be withdrawn from the market it has to be because of a safety issue, and Dr Harvey knew that," Mr O'Brien said.
"He was attempting to create headlines and be mischievous and we are calling him to account." he said. "He is a man pursuing a personal vendetta and is followed by a small group of people who pride themselves on being sceptics and cynics'
"It is one thing for him to disagree with our advertising, but it is completely outrageous to call for a product to be withdrawn from sale simply because he is against all things natural,"
Mr O'Brien said Dr Harvey was a "chronic complainer on the complementary healthcare industry who becomes louder and more vengeful and spiteful as he realises he becomes less relevant."
"What Dr Harvey can't tolerate is the growth in the natural nutrition and healthcare industries, at the cost of big pharmaceuticals," Mr O'Brien said.
"Australians spend more money on complementary medicines and therapies than they do on prescription drugs, and he hates that," he said. "He is living in the past and is motivated by his own personal self-interest."
This is the first weight loss product to uniquely act on all four areas of the body �"� mouth, nose, stomach and brain �"� to promote weight loss. It is the first to be launched in an easy-to-use mouth spray format, which works nine times faster than pills.
Sensaslim promotes behaviour change, decreases taste and olfactory sensation, suppresses appetite, and promotes thermogenesis (the breakdown of fats.) Appetite is reduced after only a short period if taste or smell is reduced.
Spraying Sensaslim on the tongue three times a day, 10 minutes before eating, desensitises the tongue and sends a message directly to the brain that you are no longer hungry. The safe, fast-acting spray acts as a source of will power to swiftly suppress appetite and control hunger, without hunger pains.
Australia was the first country to launch SensaSlim.
I was wondering how Mr O'Brien was going to pay his lawyers for this, seeing as apparently he still owes money for the last failed attempt against Dr Harvey. I thought that any lawyer who took on this case would be a fool. Remember that old saying about how people who represent themselves have fools for both lawyer and client?
I will be following this closely, but I don't expect that Mr O'Brien's action is designed to do more than provide an opportunity to continually declare that Dr Harvey is being sued and hope that some mud will stick.
It's been a bad week for Sensaslime (20/8/2011)
Last week I mentioned some crooks that had been attracting much regulatory attention to their bogus slimming product. Their reaction had been the standard way out for people who can't back up their claims - they reached for lawyers and started suing. In a nice piece of irony, the court system turned on them this week. Here is a media release from the Australian Competition and Consumer Commission.
ACCC takes contempt action against Sensaslim director
The Australian Competition and Consumer Commission has commenced proceedings against Peter O'Brien alleging contempt of court.
Mr O'Brien is the sole director of Sensaslim Australia Pty Ltd, which is in liquidation.
On 16 June 2011, the ACCC obtained interim orders to preserve money held in the Sensaslim account with the Commonwealth Bank of Australia. Material filed in court in support of the application included information from some Sensaslim franchisees.
The ACCC alleges that Mr O'Brien authored or authorised a communication sent to franchisees of Sensaslim Australia Pty Ltd which had a tendency to interfere with the administration of justice.
The ACCC is seeking a declaration, penalties and costs against Mr O'Brien.
A directions hearing has been set down in the Federal Court in Sydney for 31 August 2011.
Separately, in July the ACCC instituted proceedings alleging that Sensaslim Australia Pty Ltd (administrator appointed) and several of its officers engaged in misleading and deceptive conduct and made false representations. The next court date for this matter is scheduled for 17 August.
Release # NR 144/11
Issued: 16th August 2011
A saga creeps along (29/10/2011)
Just more problems for the crooks at Sensaslim. It never seems to end for them, does it? But it should. Soon. The sooner the better.
Here is the latest media release about them from the Australian Competition and Consumer Commission.
ACCC takes second contempt action against Sensaslim director
The Australian Competition and Consumer Commission has commenced proceedings against Peter O�Brien alleging contempt of court.
Mr O�Brien is the sole director of Sensaslim Australia Pty Ltd, which is in liquidation.
The ACCC alleges that Mr O�Brien authored or authorised communications sent on 13 August 2011 and 16 August 2011 that had a tendency to interfere with the administration of justice.
The ACCC is seeking:
A directions hearing has been set down in the Federal Court in Sydney for 3 November 2011.
In July 2011 the ACCC instituted proceedings alleging that Sensaslim Australia Pty Ltd (in liquidation) and several individuals involved in the Sensaslim business engaged in misleading and deceptive conduct and made false representations. This action continues in the federal court.
Previously, on 29 July 2011 the ACCC instituted contempt proceedings against Peter O�Brien, alleging that Mr O�Brien authored or authorised a communication sent to franchisees of Sensaslim which had a tendency to interfere with the administration of justice.
Release # NR 194/11
Issued: 20th October 2011
The last word on Sensaslim. I hope. (3/9/2011)
If you click on the picture below you can see the totality of what has been appearing on the web site for fraudsters Sensaslim this week. (I have modified the Acrobat file so that search engines can find and index the contents. For some reason the crooks at Sensaslim chose to keep the words hidden.)