ACCC v Jones (No 5) [2011] FCA 49

04 February 2011

This case was a misleading and deceptive prosecution concerning the respondent’s “program” to cure cancer.

The judge held the representations of a personal trainer, Mr Darryl Jones, were false, misleading or deceptive under the then sections 52 and 53 of the Trade Practices Act. The court granted an injunction to restrain Mr Darryl Jones from making cancer treatment claims.

The court noted that ss52 and 53 extend to individuals under s6. The court held that Mr Jones did not have reasonable grounds for expressing his opinions, which are determined objectively and not by reference to Mr Jones’state of mind. The court found that reasonable grounds were not established by Mr Jones’ clients giving evidence as to their cure, with no evidence of statistical reliability or scientific support. 

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