Australian Competition and Consumer Commission v Homeopathy Plus! Australia Pty Ltd (No 2)

In the case of Australian Competition and Consumer Commission v Homeopathy Plus! Australia Pty Ltd (No 2), the Australian Competition and Consumer Commission (ACCC) brought proceedings against Homeopathy Plus! Australia Pty Ltd and its director, Mrs Sheffield, for making misleading and deceptive representations regarding the effectiveness of the whooping cough vaccine and the efficacy of homeopathic treatments as an alternative. The representations were made on the company's website, which had a substantial audience. The court was required to determine whether the representations constituted misleading and deceptive conduct under sections 18 and 29 of the Australian Consumer Law (ACL) and to consider the appropriate penalties and injunctive relief.

The legal issues centred on whether the representations were misleading and deceptive and the appropriateness of the penalties and injunctive relief. The court found that the representations were indeed misleading and deceptive, as they could potentially divert customers from vaccinating themselves and others, posing grave risks to public health. The court considered the gravity of the contraventions, the need for general and specific deterrence, and the potential impact of the penalty on the respondents. The court ordered injunctive relief prohibiting the respondents from making certain representations about the vaccine and homeopathic treatments for five years. The court also imposed pecuniary penalties of $115,000 on Homeopathy Plus! Australia Pty Ltd and $23,000 on Mrs Sheffield. The court ordered that a copy of the sealed reasons for judgment be retained by the Court, and the respondents were ordered to pay the ACCC's costs.