On 10 March 2014, the Federal Court found that Breast Check Pty Ltd had engaged in misleading and deceptive conduct and made false representations in relation to the promotion of their breast imaging services. The representations were contained in promotional pamphlets distributed to women who used (or enquired about) Breast Check’s services.

The Court held that Breast Check made false, misleading and deceptive representations that breast imaging using their thermographic and Multifrequency Electrical Impedance Mammograph ("MEM") devices could provide an adequate scientific basis for assessing the risk of breast cancer and assuring a patient they did not have breast cancer. The Court also found that there was no scientific basis for the representation that the devices were a substitute for mammography. A doctor employed by Breast Check was found accessorily liable for knowingly being involved in the contraventions.

Further, on 18 March 2014, in a similar proceeding, the Court again found in favour of the ACCC in relation to allegations that Safe Breast Imaging Pty Ltd (and its director) had made false, misleading and deceptive representations in relation to the use of an MEM device and the adequacy of the device as a substitute for mammography. In this second case, the representations were made on Safe Breast Imaging’s website, an internet video, pamphlets and a Google Adwords campaign.

To view ACCC v Breast Check Pty Ltd, click here.

To view ACCC v Safe Breast Imaging Pty Ltd, click here.