Swisse wins appeal on slogan

Swisse Vitamins has won a reprieve against an order that it stop using the slogan “You’ll feel better on Swisse”.

Federal Court Justice Richard Tracey ruled on Friday that the decision on the advertisements made by the Therapeutic Goods Authority’s complaints panel be set aside and that it be given further consideration.

Justice Tracey also ordered the panel to pay Swisse’s costs.

After receiving two anonymous complaints about several Swisse ads featuring Australian celebrities and athletes, the panel requested that the company withdraw the ads as well as statements about labelling its products “clinically proven” and “independently tested”.

The complaints took aim at Swisse’s “You’ll feel better” slogan, alleging it had breached the therapeutic goods advertising code by claiming the product was effective in all cases.

When the complaints were put to Swisse, the company told the panel the slogan “merely amounts to branding or `marketing speak’ that consumers are not likely to take seriously or reasonably rely upon when making a decision whether to purchase Swisse products”.

The panel found that the use of the slogan in relation to some products was likely to be unsubstantiated or misleading and requested the withdrawal of the ads in question.

Swisse argued before the Federal Court that it had been denied natural justice or procedural fairness by the panel and sought remedial orders.

Justice Tracey agreed with Swisse, saying the panel was required to invite the company to make further submissions before requesting withdrawal of the ads.

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