Early this year, Belle Gibson was found by the Federal Court to have engaged in misleading and deceptive conduct and unconscionable conduct in relation to her promotion of her book and app “The Whole Pantry”. Ms Gibson was made famous when it came to light that her story claiming that she had survived brain cancer through alternative treatments as outlined in her book and app were false. It was further discovered that the charitable donations that her company promised to make from her book and app purchases were not made.
In September this year the Federal Court ordered Ms Gibson to pay a fine in the sum of $410,000.
Whilst this case is an extreme example of misleading and deceptive conduct in marketing and advertising, it serves as a timely reminder of the importance of ensuring the legitimacy of any claims made in marketing.