July 4, 2011

SensaSlim Backdown

Dr Ken Harvey at Skeptics of Vic
Dr Ken Harvey

The libel case brought by SensaSlim against Dr Ken Harvey is almost over, with SensaSlim eventually backing down.  The only remaining issue is one of costs.

Dr Ken Harvey says:

Subsequent to the ACCC freezing SensaSlim’s Australian bank account, their lawyers (Kennedys) have withdrawn from the case; an external administrator / liquidator was appointed to take over the company on 30/06/2011; a revised statement of claim was not submitted by the final date allowed by the court (July 1, 2011) and my lawyers will now apply to have the case finally stuck out (and costs awarded) at the next sitting of the defamation list judge on July 11, 2011.

However, this is likely to be a pyrrhic victory as it is very doubtful if any money from the liquidator will be available to pay the costs awarded!

The case has highlighted some fundamental flaws in Australian regulation concerning complementary medicines and the promotion of therapeutic goods which have been the subject of many submissions to recent government enquires. Hopefully, some reforms will emerge.

Cheers

Ken

In further news, the SensaSlim case has made news in the UK.  Dr Capehorn gives his thoughts as to what happened, here.

Dr Ken Harvey
Dr Ken can now take the gag off.
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July 1, 2011

A Skeptic’s Guide to The Scientific Method

This article first appeared as a Vic Skeptics discussion pamphlet. After our recent experiences with Power Balance, Optiderma Skin products, Negative Ion Balance  Jewellery and SensaSlim, it seemed like a timely moment to bring The Scientific Method  front-and-centre. This procedure has been standard now for about two hundred years. That’s why it’s appropriate to have a jaundiced view of anyone claiming remarkable scientific breakthroughs which are not supported by published data. The full range of our discussion pamphlets can be downloaded here:  http://www.skeptics.com.au/resources/educational/  or by clicking on the “Useful Info” link at the top of this page.

“Science is best defined as a careful, disciplined, logical search for knowledge about any and all aspects of the universe, obtained by examination of the best available evidence and always subject to correction and improvement upon discovery of better evidence. What’s left is magic.

And it doesn’t work.”

– James Randi

The term “Scientific Method” is used to describe the way scientific research is designed, performed and reviewed. Good science depends on rigour – strict and unfailing adherence to basic principles.

In simple terms, as a scientist,  you would:

1. Make some observation about something that is going on in the universe. View More A Skeptic’s Guide to The Scientific Method

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June 29, 2011

SensaSlim and the IRI’s Borrowed Photographs

An update on the Dr Ken Harvey libel case. Plus the removal of photographs from the web page of the institute that is said to have done research supporting the product.

Much has happened regarding the libel case against Dr Ken Harvey since writing the last post on this topic.

On the 14th of June, Dr Ken Harvey’s legal people found there were problems with the original statement of claim put forward by SensaSlim’s legal people.  Harvey’s legal people requested the libel action be struck out.  However the NSW Supreme court allowed SensaSlim’s legal people to withdraw the statement of claim and lodge an amended one, they have until 1st of July to do so.

On the 16th of June the ACCC began investigating SensaSlim. On the 23rd of June the ACCC applied to the federal court to put a freeze on SensaSlim’s Australian assets, which was granted. View More SensaSlim and the IRI’s Borrowed Photographs

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June 28, 2011

“Mixed Bag” July 2011 Answers

1. 78

2.  toad, adder, rat, turtle, leech, char, hare, eel, lion, newt

3. resistance

4. C. Really busy

5. Sony

6. Parliament

7. T-Rex

8. 1913

9.  a. Tom Baker,   b. Lalla Ward,    c. Richard Dawkins

10. His music was banned and he was in jail

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June 28, 2011

Simon Singh Supports Dr Ken Harvey

Simon Singh
Dr Simon Singh

Simon Singh, the UK based science writer well known to Skeptics everywhere for having successfully defended himself in a libel case involving the British Chiropractic Association, has been in touch with Vic Skeptics.

Simon made the following statement in support of Dr Ken Harvey:

Having been sued for libel in London, I had admired the libel reforms in Australia, which seemed to offer you the free speech that we all deserve. However, I am now astonished and saddened that a respected Australian medical expert has been silenced by a defamation action by SensaSlim. This seems like a disgraceful state of affairs – for speaking out on a matter of public interest, Dr Ken Harvey has been forced to endure the massive personal and financial pressure of a potentially lengthy legal case. In the meantime, the Australian public is not informed about an apparently infective slimming treatment.

Simon Singh

28th of June 2011

Pledge Your Support

At present, the personal cost to Dr Ken Harvey for legal expenses is not known.  We’re not asking for direct financial assistance at this time.  However, you can show your support by making a pledge. Write to supportken@skeptics.com.au, with your name, phone number, and how much you are pledging.

Mal.

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June 26, 2011

Jason and Dave in Melbourne

Photos from a hectic two days in Melbourne.

[slideshow]

It was great to have Jason Brown and Dave the Happy Singer in Melbourne.  On Monday the 20th of June Jason spoke about Skeptical Activism at our regular Skeptics Café. Jason showed how the internet could be used effectively to combat nonsense.  If I had to summarize the talk in a few words I’d say it was practical, informative and inspirational.

The following night (Tuesday the 21st) at The Clyde Hotel Carlton, Dave performed an excellent set of songs that made you think, laugh and sing along.  Later that, night both Jason and Dave did a live recording of their new podcast In Vino Veritas.  The new podcast is well worth a listen; find it here.

Mal.

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June 11, 2011

The SensaSlim Libel Action Against Dr Ken Harvey. How Did it Happen?

Dr Ken Harvey
Dr Ken Harvey

After the last brief post about this issue, readers may be interested in the details, (as far as an amateur blog writer like myself can establish), as to what occurred between SensaSlim, the TGA and Dr Ken Harvey.
[Note: Links have been added to the end of this post to keep readers up to date with the legal case and to provide further reading.  Recently, this story has had significant coverage in the mainstream press.]
February 2008
A whois search shows that the Sensaslim dot com web site was registered in February 2008.
A Queensland manager of a SensaSlim distribution operation says the company is owned by a Peter O’Brien.
November 2009
The company was registered with the Australian Securities and Investments Commission (ASIC), on the 2nd of November 2009.
September 2010
SensaSlim, as a product, was listed on the Australian Register of Therapeutic Goods (ARTG) on the 20th of September 2010.  The ARTG product number is 176003. Only the sponsoring company is listed “SensaSlim Australia Pty Ltd” at a Sydney address, no individual’s names are shown.
As has been stated before on this site, listing on the ARTG simply means that the TGA considers the product not likely to be harmful. The TGA does not test whether the product is effective, whether supporting evidence for the claims made by the sponsor exists, or whether the claimed underlying scientific mechanisms are real.
The claims as shown on the register include:

….encourages the body’s natural fat burning processes.
….contains Camellia Sinensis (green tea) which is an antioxidant containing caffeine to assist with thermogenesis.

Thermogenesis being the nice technical View More The SensaSlim Libel Action Against Dr Ken Harvey. How Did it Happen?

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