Ian Cheong wrote:
At 9:35 pm +1000 24/7/06, Ken Harvey wrote:
David Guest wrote:

I am interested in the legal basis for suppressing the report.

The "reasoning" given by Justice Greenwood for granting an interlocutory injunction under s 52 of the Trade Practices Act 1974 (Cth) is publicly available at:

http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/868.html


The rationale of the judge is clear in the judgement. This case is *not* about scientific truth, but about the delivery of "justice" in a case littered with competing commercial interests and a due regulatory process. The legal technicalities are open to ongoing legal argument.

An independent examination of the facts and evidence by an independent organisation might get a different response.


Ian.
I have now read Justice Greenwood's reasons for judgment.

Three thoughts come to my mind:-
  1. Ken should have spent some time in general practice. General practitioners always believe what others tell them or at least pretend they do.
  2. www.consumerhealthwatch.net.au does not look like a commercial website to me. The link to Auspharmacist.net.au is not prominent and would only be of interest to pharmacists. If you are really keen you can use their search engines to find out how good Tebonin is.
  3. I wonder whether it would have been legally safer to blog this report, perhaps even after sending it somewhere like Tim's pubmedcentral. Maybe Consumer Health Watch needs a group blog.
Oh well, musn't get too worried about all this stuff. I've got my brand spanking new issue of "The Journal of Complementary Medicine" to get through. Is Vitex agnus-castus the herb for PMS?

David

P.S. Had one of my highly anxious, mildly depressed patients through this morning. He's got hold of this new stuff called EGb761. Apparently it's very good for tinnitus.

David


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