Federal Court rules AMI exploited customers

The Australian Competition and Consumer Commission (ACCC) has welcomed today’s Federal Court decision that Advanced Medical Institute (AMI) had engaged in ‘unconscionable conduct’ in the provision of their men’s sexual dysfunction treatments.

Chairman Rob Sims said, “The ACCC took action against AMI because it sought to exploit consumers’ vulnerability for its own commercial gain.  The Federal Court has confirmed that AMI’s conduct was indeed unconscionable. This case is a further example of the importance of the ACCC pursuing cases of unconscionable conduct.”

The Federal Court today declared that Advanced Medical Institute (AMI), NRM Corporation and NRM Trading Pty Ltd (NRM) had engaged in unconscionable conduct in promoting and supplying medical services and medications for men suffering from sexual dysfunction.  The Court also declared that Mr Vaisman aided and abetted and was knowingly concerned in the conduct of AMI and NRM.

AMI were required to carry out a number of compensatory measures including refunds and financial compensation; corrective advertising; as well as permanently restricted from supplying medications or medical services, or providing statements about the efficacy of NRM’s treatments.

“This case provides a clear message that businesses must not take advantage of consumers who are vulnerable or disadvantaged. Consumer issues in the health and medical sector are a priority for the ACCC and we will not hesitate to hold businesses and responsible individuals to account for the actions,” Mr Sims said.