Zenith Corporation Applies To Appeal Decision
15 August 2006
Media Statement For Immediate Publication:
Zenith Corporation Applies To High Court To Appeal Recent District Court Decision
Zenith Corporation has applied to the Auckland High Court to overturn the District Court judgement (of June 2005) that condemns their successful health and weight management product, Body Enhancer.
Leading Auckland Barrister, Barry Hart, has been engaged to handle the appeal.
The decision, which found in favour of the Commerce Commission, relates to apparent ‘false claims’ made by the company in their advertising regarding Body Enhancer between 1999 and 2001.
Zenith Corporation company directors strongly
disagree with the decision and there are a number of issues
which they will be addressing at the appeal.
1. The Commerce Commission and their witnesses have never tested Body Enhancer, despite admitting in the court that it would be easy to run a scientific trial.
2. Zenith Corporation has thoroughly tested Body Enhancer by commissioning trials that were conducted by a reputable independent research organisation. 95% of participants in the trial group lost weight and improved body shape. These results were presented to the court. In addition, an experimental field trial conducted in 1999 on 113 people also showed excellent results.
3. The Body Enhancer formula that was the subject of the court case was manufactured by Immuno Laboratories between 1998 and 2001 and contained 22 ingredients. The NeoNutrients Body Enhancer, manufactured by Zenith Corporation since 2001 contains 61 active ingredients and is a totally different formula. Despite this, the court decision stated that the differences were purely ‘cosmetic’. This cannot be.
4. Sample results from over 900 people who used Body Enhancer with great success over the years in question were given to the court.
5. Body Enhancer has been selling successfully on the NZ market for over seven years and has a return rate of less then 1% which is a remarkably low figure for any product.
6. Zenith’s research chemist and formulator of NeoNutrients Body Enhancer, Professor M. Daoud, has a PhD from Manchester, a Doctor of Naturopathy from London, is listed in “Who’s Who in the World” for his contribution to research, has been awarded an Honorary Doctor of Science by the American Institute of Chemists and has 25 years of experience in pharmaceutical and natural medicine research.
Zenith Corporation directors are appalled by the District Court decision and the implications to their personal reputations and that of their company and say that, “Zenith Corporation has never falsified any claims about its product Body Enhancer. Tens of thousands of satisfied customers are testimony to the product’s weight loss benefits and its positive effect on their overall health and wellbeing.
Zenith Corporation’s philosophy has always been to offer to the consumer a superior range of products that are unique, innovative and backed by research studies. We have a range of natural health products that provide genuine support for good health.
With the assistance of Professor Daoud we have done our own manufacturing since 2001 and have spent hundreds of hours sourcing the highest quality ingredients from international markets. At the time of the release of the judgement against us we were in the process of establishing our own research and development laboratory.
This case has been hanging over us for 6 years and it has been a most harrowing time. It is very disappointing that the court decision did not give due consideration to the evidence from independent testing and the compelling testimony from our internationally regarded expert witnesses and hundreds of customers.”