Last week the Therapeutic Goods Administration (TGA) knocked back my submission to them about the EKEN PowerBand. (See: http://reportarort.wordpress.com/2011/04/10/submitted-eken-powerband/)
“Thank you for your continued interest in this matter.
We did refer the matter to the TGA (as I advised you previously). The power bands have been assessed by the TGA not to be therapeutic goods. Unless products such as these make claims for therapeutic use, they are not considered by the Complaints Resolution Panel to be within its jurisdiction. For this reason, this complaint will be referred to the ACCC. I will ask the ACCC to keep you informed.”
Having had waited a week with no response so far, I looked in to why PowerBalance was a different story.
It was, and wasn’t.
The TGA said the same thing to Robert Smallwood, who claimed to have submitted a complaint to them about PowerBalance: “Not a therapeutic device”.
Robert wrote to the TGA as part of their Transparency Review: http://www.tga.gov.au/pdf/consult/tga-transparency-review-submission-1012-robert-smallwood.pdf
Robert makes a point that is well-known, especially to those selling bogus products: The TGA fails to enforce its findings against everyone, including “complimentary” and “alternative” practitioners.
I suspect it may be the lack of information on EKEN’s website; PowerBalance were quite specific in their website, but EKEN hides behind the ignorance of its’ customers – preferring to allow them to guess what they do and how they work, rather than to explicitly explain the mechanism.
Subsequently, Dr. Ken Harvey was able to compel the TGA to investigate the claims by PowerBalance, and as a result the complaint was found generally found to be justified.
It was those same justified complaints by Ken Harvey that formed the basis for my own complaint to the TGA about EKEN’s PowerBand. Same claims of Flexibility, Endurance, Balance, and Strength – all bullshit.
So, it’s intriguing to know why the TGA followed through against PowerBalance, but is seemingly trying to keep away from prosecuting EKEN for their therapeutic claims.
So, since I’m waiting for a response from the ACCC, I might take a look at Phiten Australia till then.
By the way — PlaceboBand. Cheaper, and does what it says.
You can go here to buy one for only $2.00 + P&H