Days in breach
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This page will keep an eye on how many days IHRB remains in breach of the Sanctions that were placed upon it by the Complaints Resolution Panel which determined that IHRB’s advertising has been unlawful, misleading, and unverified. Mr Sam Cohen was given 14 days to comply and to report on his progress. So far, judging by his website violations alone, he is still in breach.
As of 19 August 2015, IHRB is 3 years and 289 days (that’s 1,385 days) in breach of the Sanctions, and 544 days in breach of TGA’s Orders.
This counter is necessary because when Mr Sam Cohen was notified of similar Sanctions in 2007, he ignored those sanctions for 22 months (approximately 657 days).
[SECOND UPDATE: The TGA has Ordered IHRB to stop advertising and to withdraw a host of representations that the TGA has found to have been false and misleading as well as unlawful! Click here for more information about the Regulation 9 Order against IHRB.]
[FIRST UPDATE: The Complaints Resolution Panel was fed-up with Sam Cohen’s recalcitrance, so the Panel sent Sam’s file to Canberra, asking the Federal big-guns to Order Samuel Faraj Cohen and the Institute of Hair Regrowth & Beauty to comply with ALL the Sanctions. Click here to read about that development.]
The Determination, which can be read if you click here, stipulates the following:
Paragraph 84. The Panel requests Institute of Hair Regrowth and Beauty Pty Ltd, in accordance with subregulation 42ZCAI(1) of the Therapeutic Goods Regulations 1990:
a) to withdraw the advertisement from further publication;
b) to withdraw any representations, including representations that are implied because of a lack of qualifying information, that the advertised products are free of side effects, that they are effective in all cases of hair loss or for all sufferers of hair loss, that they can aid in hair regrowth on all parts of the scalp, that they can aid in the regrowth of natural hair for those experiencing hair loss, or could be effective in cases where other therapeutic goods such as Minoxidil had not been effective, together with any representations that DHT is “the balding gene” or that the advertised products block the balding gene;
c) to withdraw any representations that the advertised natural and herbal products can help people with genetic baldness regrow their own natural hair;
d) not to use the representations in (b) and (c) above in any other advertisement*;
e) where the representation has been provided to other parties such as retailers or website publishers, and where there is a reasonable likelihood that the representation has been published or is intended to be published by such parties, to advise those parties that the representation(s) should be withdrawn;
f) to arrange for publication in all publications where the print advertisements were published of retractions in the form of, and in accordance with, the conditions set out in the attachment to this determination;
g) to arrange for publication on the website www.ihrb.com of a retraction in the form of, and in accordance with, the conditions set out in the attachment to this determination; and,
h) within 14 days of being notified of this request, to provide evidence to the Panel of its compliance, including a response in writing that they will comply with the Panel’s sanctions, and where appropriate, supporting material such as copies of instructions to advertising agents or publishers, or correspondence with retailers and other third party advertisers.
Paragraph 85. The advertiser’s attention is drawn to the provisions of sub-regulations 42ZCAI(3) and (4) which permit the Panel to make recommendations to the Secretary in the event of non-compliance with this request.
Dated 16 November 2011
By the way, not only is IHRB ignoring the Sanctions, it is going ahead an advertising, regardless. The new ads are bolder and worse than ever before, breaking more Codes. So IHRB just ploughs ahead. It’s recalcitrance is getting worse. Click here to see some of the new ads that snub the Sanctions and the laws.
