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Love Springs Water Filters Court Injunction

(PR.co.nz) Three companies involved in selling Love Springs branded water filters door to door have been restrained from engaging in conduct which is alleged to breach the Fair Trading Act, as a result of an interim injunction obtained by the Commerce Commission.

The injunction follows a Commerce Commission investigation. The injunction against Auckland based companies Love Springs Limited and Tiny Terms Limited and Palmerston North based Successcorp Limited was granted in the Auckland High Court on Thursday last week.

The injunction prevents the companies and any individual acting on behalf of the companies from making false or misleading representations to consumers. These include representations that tap or bottled water in New Zealand:

* is poisonous;
* is dangerous;
* is sourced from or contains sewage;
* is sourced from toilets;
* has contaminants that are harmful in the levels found in the water;
* causes cancer, leukaemia, miscarriages, deformities in babies, asthma, or other health problems;
* is kept standing for weeks or months before being provided;
* is of a quality or grade other than that determined by the Ministry of Health;
* contains giardia; or
* is in any way unsafe or unhealthy to drink.

The injunction also prevents representations being made that the Love Springs filter would offer health benefits that it does not, such as improving asthma.

While Love Springs and the associated companies can continue to promote and market water filters, this injunction prevents false or misleading claims being made in selling the product. Consumers who feel that they have been misled when purchasing a Love Springs water filter after 22 April 2010 should contact the Commerce Commission on 0800 943 600 or email contact@comcom.govt.nz

The Commission is still considering what, if any, further enforcement action under the Fair Trading Act may be appropriate.

Background

The Fair Trading Act. Breaches of the Fair Trading Act may result in prosecution in Court. Companies found guilty of breaching provisions of the Fair Trading Act may be fined up to $200,000 and individuals up to $60,000. Only the courts can decide if a representation has breached the Fair Trading Act.

Media Release 26 April 2010 from Commerce Commission.

 



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