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THEY DID IT DOWN UNDER PDF Print E-mail
Swift
Written by James Randi   

There’s interesting news about something that just happened in Australia, and needs to happen all over the globe...  The makers of the ridiculous plastic "Power Balance" bracelet, which is selling by the millions everywhere, have been forced to publish a comprehensive statement from which we extract:

In our advertising we stated that Power Balance wristbands improved your strength, balance and flexibility. We admit that there is no credible scientific evidence that supports our claims and therefore we engaged in misleading conduct in breach of s52 of the Trade Practices Act 1974.

What follows is an agreement to give any purchaser a full and complete refund!  So what’s holding the US government from enforcing the law against this totally fake, quack, useless device…?

We just can’t do it, folks.  It takes so long to get any action from federal and state agencies here, and it’s so expensive, that the swindlers make a fortune before they’re forced to shut down, or they do it voluntarily after they have enough money from their naïve victims…!

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written by Alan3354, December 23, 2010
Anyone stupid enough to buy one of those gets what he/she deserves.
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written by barbara, December 23, 2010
I'm not sure if I can post a link and I don't want to get in trouble on my first post on JREF, so I'll just mention the information and any interested parties can look it up for themselves. In yesterday's Bergen Record, there was an article on a Garden State Plaza kiosk operator arrested for selling "fake" Power Balance wristbands! Crazy!
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true
written by Davis, December 23, 2010
I cant believe it but Alan3354 finally said something I agree with.
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written by boothby171, December 23, 2010
This tells me I want to create the next Power Balance Bracelet!!
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In Italy they have been fined today!
written by Enrico, December 23, 2010
The companies that were selling it, «Power Balance Italy» e «Sport Town», have been fined TODAY for 300 thousand and 50 thousand euro respectively due to the lack of scientific evidence in the advertising.
I don't know if the fine is much for them, but it is something at least!

Source "il corriere della sera" (Italian newspaper)
http://tinyurl.com/3agn8sv (Google translated)
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WalMart
written by Desertphile, December 23, 2010
I saw these stupid things (similar BS, different name) being sold at Wal-Mart in New Mexico. Who the bloody hell does one complain to, when Wal-Mart itself is evil?
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written by Baloney, December 23, 2010
I still prefer the Placebo Band: http://skepticbros.com/store/
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written by boothby171, December 23, 2010
Don't get me started about those stupid Placebo Bands! I tried them a few years back, and they didn't do a damned thing! Not that I thought they would, anyhow, but...
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written by MadScientist, December 23, 2010
Australia still has a decent consumer protection group which is a government agency, and their Fair Trade and Practices Act and later amendments are pretty good too. I'm hoping folks can use the laws to put an end to homeopathy and other nonsense.

In the USA there's the Federal Trade Commission - but with all the scams going on in the USA I have doubts that the FTC is funded well enough to address scams like the power bracelet. Still it's worth a try - maybe someone even knows of a case which they've won. Kevin Trudeau is behind bars but for larceny and credit card fraud among other things, and not (as far as I know) for selling bunkum. (Unless selling bunkum is what made transactions fraud - the way the legal system works in practice can be quite bizarre.)
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written by ianmacm, December 23, 2010
This is a variation of the "for entertainment purposes only" disclaimer that some horoscopes use to prevent the publisher from being sued. Most things sold by mail order have a money back guarantee anyway, but specific medical or scientific claims are supposed to be backed up by evidence. Despite the existence of modern trade description laws, the Roman maxim "caveat emptor" still applies. In the age of the Internet, no government agency can guarantee to shut down all of the scams.
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written by Alan3354, December 24, 2010
I wear the homeopathic wrist band. Much lighter, greater strength.
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written by insomicman, December 24, 2010
@Alan3354 -

I'd be hesitant to write off all purchasers of such devices as loons who deserve punishment for their ignorance. I can remember being a big UFO believer when I was young; and I can certainly imagine someone with arthritis or vertigo or some such ailment that the peddlers of these devices claim to cure, desperate for some type of easy solution, purchasing a similar device. In the words of the great Phil Plait, "don't be a dick." smilies/tongue.gif
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written by croc, December 25, 2010
I think that you will find that members of Australian Skeptics had a fair bit to do with this result. Victorian Skeptics Dr. Ken Harvey’s complaint to the Australian Therapeutic Goods Administration (the TGA) was upheld and orders were issued against the promoters.

I can also recall seeing Richard Saunders on TV a couple times explaining why they didn’t work.

Good work to all involved.

Incidentally a Melbourne Chiropractor staked his personal reputation on the fact that these things worked
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written by Blizno, December 25, 2010
"Anyone stupid enough to buy one of those gets what he/she deserves."

Wrong.
Anybody who steals from anybody else, no matter how naive, is a thief.
All thieves are evil. It doesn't matter from whom they steal, stealing is evil.
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Placebo Bands
written by skepticnj, December 25, 2010
Placebo Bands are now available at the not-for-profit store http://skepticbros.com/store
$2 Australian. Richard Saunders bought a load of them...
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written by pillock, December 25, 2010
I wonder whether the Aussie cricket team are wearing them in Melbourne?
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blizno
written by Alan3354, December 26, 2010
"Anyone stupid enough to buy one of those gets what he/she deserves."

Wrong.
Anybody who steals from anybody else, no matter how naive, is a thief.
-------------------------
steal 
–verb (used with object)
1. to take (the property of another or others) without permission or right, esp. secretly or by force: A pickpocket stole his watch.
2. to appropriate (ideas, credit, words, etc.) without right or acknowledgment.
3. to take, get, or win insidiously, surreptitiously, subtly, or by chance

These "victims" are buying these things. Nothing is being stolen from them.
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written by Alan3354, December 26, 2010
There are limits to what can be done to protect people from themselves.
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So much nonsense ...
written by Holmstrom, December 27, 2010
Magic bracelets and mysterious dog de-barkers on television. John Edward is still on tour. What a wacky world.
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written by MadScientist, December 28, 2010
Going back to related nonsense and the idiotic "what's the harm?" response:

http://tinyurl.com/26obp9a

Short story: the so-called "alternative medicines" kill by keeping people away from real medicine.
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written by stennie, December 28, 2010
"These "victims" are buying these things. Nothing is being stolen from them. "

Please read the very thing you just posted:

"steal 
–verb (used with object)
3. to take, get, or win insidiously"

Tricking people with false claims that you KNOW are false in order to take/get/win their money is, by dictionary definition, stealing.
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Toothless giants
written by Smallwood, December 30, 2010
I was one of the people who made formal complaints with the TGA in this matter to drive the Complaints Resolution Panel to take this case on. Professor Ken Harvey of LaTrobe University ultimately argued the case before the Tribunal. Unfortunately, despite a clear ruling against the company, (http://www.tgacrp.com.au/index...intID=1650 ) the Power Balance has snubbed their nose at the ruling, failed to comply with the publication of the retraction and the TGA have thus far failed to initiate pursuit of civil penalties or referral for investigation for criminal prosecution. Further, the Australian Competition and Consumer Commission (ACCC) recently issued a similar ruling, requiring the company to provide refunds and cease its deceptive advertising ( http://www.accc.gov.au/content...mId/964074 ) yet, still no penalties have been imposed or anything done that would significantly discourage this type of behaviour in the future.

Even citizens in this country who overstay at parking meters are given substantial fines, but our government can't seem to find it within its ability to organise legislation to provide fines for this type of outrageously deceptive and misleading conduct.

Big talk by government but no real action to amount to anything as yet.

Sadly, as usual, our heroes have been shown to have feet of clay...
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A Note from Australia
written by hadinizami, January 02, 2011
Coming from a country that has taken this stance towards misleading conduct is rather affirming, however i must say that this is not enough. This is but an exceptionally small victory for reason in a country where recently people like Peter Popoff, and creators of the "miracle water" have been invited back onto late night television. As for the consumer protection board, they did well to oppose this but by no means is this a regular thing. Last year "Coca-Cola" was allowed to run a campaign that stated the its drinks had no artificial colours and flavours (some may be unaware, i suppose, of fizzy black coloured caffeinated drinks one might find in nature). There are many other instances where this is happening. All is not lost however, as the ACCC (Australian Competition and Consumer Comission) is now started to toughen its stance on such issues. With this hopefully we can invite these sporadic progresses with more regularity.
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written by huw, January 03, 2011
"Tricking people with false claims that you KNOW are false in order to take/get/win their money is, by dictionary definition, stealing."

Actually, more specifically by dictionary definition, it IS fraud:
"fraud: NOUN: A deception deliberately practiced in order to secure unfair or unlawful gain."
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This is just a bracelet. Why not a similar stand against the dangerous farce, Facilitated Communication?
written by JamesTTodd, January 03, 2011
Australian Friends:

It would be nice if the relevant agency in Australia were to require a similar statement from those there who continue to endorse and use Facilitated Communication:

http://tinyurl.com/28g2h9p

One can even get a tax deduction for supporting FC.

If Australia can protect its citizens from the dishonest purveyors of cheap baubles, why can't it do something about those who would willingly defraud families with autism with an intervention that has never once been shown to work by any objective scientific standard, and has repeatedly been shown to be harmful?

James T. Todd, Ph.D.

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written by Alan3354, January 04, 2011
OK, let me clarify.

I'm in favor of legislation to prevent fraud and theft by deception, and the prosecution of the purveyors.

But, I don't think the government, or anyone or anything else, can save these "victims" from their stupidity. If the bracelet sellers don't get them, the 419 scams will.
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