Maurice Blackburn defends public health doctor in diet spray case

A well respected university public health doctor who is being sued for defamation by the manufacturers of a nasal spray said to help weight loss has called on Maurice Blackburn's social justice practice for help.

Sensaslim Australia Director Peter O'Brien has launched action in the Supreme Court of Queensland against Adjunct Senior Lecturer at La Trobe University, Dr Ken Harvey.

It comes just weeks after the Supreme Court of New South Wales dismissed a similar defamation case put forward by Sensaslim Australia against Dr Harvey.

Maurice Blackburn's social justice practice leader Lizzie O'Shea said it was rare for plaintiffs to seek defamation damages across of number of jurisdictions if unsuccessful in their initial claim.

"Our client has simply put his opinion about this herbal weight-loss spray to Commonwealth health authorities," Ms O'Shea said.

"This continued legal action against Dr Harvey stopped the Complaints Resolution Panel of the Therapeutic Goods Administration and Australian Competition and Consumer Commission from investigating our client's initial complaints about Sensaslim.

"This long and unnecessary legal action has already been struck out once in the Supreme Court of New South Wales and we will argue that the same should occur when the case goes before the Supreme Court of Queensland."

In July, the Australian Competition and Consumer Commission instituted proceedings against Sensaslim Australia Pty Ltd (Administrator Appointed) (Sensaslim), Mr Peter Clarence Foster, Mr Peter Leslie O'Brien, Mr Adam Troy Adams and Mr Michael Anthony Boyle.

The ACCC alleges that Sensaslim and several of its officers engaged in misleading and deceptive conduct and made false representations in relation to the identity of Sensaslim officers, the Sensaslim Spray and the business opportunities offered by Sensaslim.