Therapeutic Goods Advertising Complaints Resolution Panel ... · Therapeutic Goods Advertising...

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Therapeutic Goods Advertising Complaints Resolution Panel (CRP), Complaint Form Use this form to submit complaints about advertisements for therapeutic goods.

The advertisement You MUST provide a copy of the advertisement you are complaining about, and indicate clearly where it was published. If it was published in a magazine or newspaper, state in which edition it appeared, the date, and the page number. If it was published in outdoor media, state the location and the date on which the advertisement was observed, and where possible provide a photograph of the advertisement. If it was published on the internet, state the website address and the date on which the advertisement was observed. If it was broadcast, identify the television or radio station, and the date and time of the advertisement.

Publication:

Jet Star Jet Star Traveller, Dec 2012, Page 93

Virgin Voyeur : June 2012, Page 177

http://www.scalabiopromise.com.au/

http://www.brazcom.com.au/

Numerous other Australian publications and web sites for example:

http://www.scalabiopromise.com.au/in‐the‐media

http://www.brazcom.com.au/products/scala‐biopromise

http://www.facebook.com/permalink.php?id=149822131741591&story_fbid=355

450961178706

http://www.articleswide.com/article/9730‐

Defining_Your_Body_Shape_with_Womens_Underwear_Shapers.html

http://australia.anunico.com/ad/clothes_shoes_accessories/unique_shapewear_c

ollection‐3300896.html

Date/edition: 4 December 2012

The products advertised Identify the therapeutic goods that are promoted in the advertisement. If possible, identify the party responsible for publishing the advertisement.

Scala BioPromise “Fat-blaster” Shapewear

http://www.scalabiopromise.com.au/ Domain name: scalabiopromise.com.au Registrant: Lucimar Nielsen Registrant ID ABN 58073953393 Registrant Contact Email [email protected]

http://www.brazcom.com.au/ Brazcom Imports PO Box 118 Edwardstown, South Australia 5039 Tel: +61 (0)8 7226 0613

Domain name: brazcom.com.au Registrant Contact Name: Tim Nielsen Eligibility ID: SA BN bn04939517 Registrant Contact Email: [email protected]

Tel: +61 (0)8 7226 0613 [email protected]

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Confidentiality You may request that your details be kept confidential; however it is recommended that you still provide contact details (below).

Please keep my personal details confidential: No

Details of the complaint State clearly the nature of your complaint. It is not sufficient to highlight or quote words from the advertisement – explain what aspects of the advertisement are of concern to you, and why. If possible, identify sections of the Therapeutic Goods Advertising Code, Act, or Regulations you believe may have been breached in the advertisement. Attach a separate page if necessary.

I append screen shots taken today about the promotion of these products both in airline magazines, the sponsor’s webs sites and numerous other publications and web sites.

The following claims are made:

“The only shapewear for women that uses far-infra-red technology to shave off inches, reshape your body and reduce the appearance of cellulite!! Imported from Brazil, Scala BioPromise Shapewear and bodystockings are specially designed to beat the orange peel into submission and dramatically reduce dress size!”

“Using revolutionary Active BioCrystals, Scala Shapewear is clinically proven to reduce your measurements in your tummy, hips and thighs and improve the appearance of your skin - all from simply wearing our slimming shapewear!!”

“Through modern science, researchers have developed a patented technology exclusive to Scala called Active BioCrystalsTM, which emit a type of energy called Far Infra Red Rays (FIRRs). These FIRRs have been clinically proven to kick-start what is known as the BioPromise Effect, which leads to a dramatic improvement in the appearance of your silhouette and skin while getting rid of those embarrassing lumps and bumps.”

“Dr Tim Nielsen, Scala representative in Australia, describes the incredible results of the clinical trials evaluating BioPromise:

o 82% of women who wore Scala BioPromise for six hours a day saw a significant improvement in the appearance of their bodies and also the appearance of their skin after only 30 days, with the improvements continuing over the course of the 120-day study".

“The amazing thing about BioPromise is that ALL YOU HAVE TO DO IS WEAR IT!!”

“Best results are seen when BioPromise is worn for a minimum of six hours daily, for at least 30 days - but studies show that continuous improvements can be seen for at least 120 days, so the longer you wear it, the better!”

“Scala BioPromise is the only affordable and scientifically proven alternative to messy and wasteful creams that get washed down the drain every day, and risky and expensive surgery.”

“Scala BioPromise is the only scientifically proven "fat-blaster" shapewear, with over 80% of tested women showing:

o reduction of inches around the waist

o reductions in body measurements and dress size

o reduction of the appearance of loose, dimpled skin and cellulite”.

“BioFir Fitness combines Scala's exclusive Far Infra Red technology with compression shaping to provide the "BioFir Effect" which has the following scientifically proven effects:

reduced muscular fatigue and improved performance and recovery from exercise

helps to reduce the drop in skin temperature that occurs during exercise, leading to a feeling of better regulation of skin temperature

loss of inches and reduction of body measurements and dress size

reduction of the appearance of loose, dimpled skin and cellulite.”

I searched PubMed http://www.ncbi.nlm.nih.gov/pubmed for "BioPromise" OR "Biocrystals" OR "Far Infra Red Rays" OR "BioFir effect" and found no relevant studies to substantiate the above claims.

In addition, the claims made for these products clearly relate to “Therapeutic use” as defined in the

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