The Victorian premier says the state’s consumer watchdog is “constantly” pursuing cancer conwoman Belle Gibson and “won’t let up” until she pays the fine she was ordered to pay more than seven years ago.
Gibson, who is the now the subject of a new Netflix series, Apple Cider Vinegar, was in 2017 ordered by the federal court to pay a $410,000 fine plus $30,000 in legal costs for misleading and deceptive conduct, after she falsely claimed to have been diagnosed with brain cancer and cured through alternative therapies and nutrition.
Jacinta Allan on Thursday said she was “disappointed” the matter still had not been resolved.
“Behind the TV stories, behind the dramatisation, are real people who have had their lives devastated by the actions of this individual,” she said.
“Consumer Affairs Victoria is continuing to pursue this, particularly in the context of the orders that have been made by the court.
“There are fines outstanding and Consumer Affairs Victoria is pursuing this constantly and consistently and won’t let up.”
In a statement, a government spokesperson said Gibson had left a “very real and long trail of businesses and individuals who have been hurt and swindled”.
They confirmed Consumer Affairs Victoria was still working to recover the fine, which will not lapse and can attract interest. However, they did not disclose the current outstanding balance.
In her 2017 judgment, federal court justice Debra Mortimer found Gibson made misleading and deceptive claims, when promoting her Whole Pantry book and app, that she had been diagnosed with cancer in 2009, was given four months to live and “had taken and then rejected conventional cancer treatments in favour of embarking on a quest to heal herself naturally”.
She also found Gibson broke consumer law claiming she would donate proceeds from The Whole Pantry book and app sales, including to the family of a Melbourne boy with brain cancer.
Gibson was given two weeks to pay the fines, but didn’t.
Two years later, the matter returned to court, where Gibson claimed she was not in a financial position to pay the fine.
In January 2020, her home was raided in a “search and sale” warrant, under which the Victorian Sheriff’s Office is able to seize assets to repay debts. It is not known if this raid resulted in any actual debt recovery.
Gibson’s home was raided again in May 2021, with the fine, penalties and interest estimated at the time to total more than $500,000.
Dr Natalie Cujes, a legal academic at UNSW Canberra and a former federal court registrar, said mechanisms were in place to allow the court or a party in a matter to pursue contempt of court proceedings when someone “blatantly” fails to comply with court orders. But she noted that pursuing this route in Gibson’s case might not be clear cut.
“The court’s file has been closed for several years, and there have been at least two attempts to enforce the court’s orders, with also an attempt to do an examination before a court registrar to obtain information and documents,” Cujes said.
Sondra Davoren, lawyer at the McCabe Centre for Law and Cancer, said the Victorian government in 2016 introduced “strong powers” to take action against people making false cancer cure claims.
She said since then, several prohibition orders have been issued by the Health Complaints Commissioner.
“People that make claims about curing cancer for fame and financial gain, like Belle Gibson, are acting unconscionably and preying on people’s hope for a cure,” Davoren said.
“The case – and the Netflix show – remind us of the very real harm that can be caused by health misinformation.”
She urged people with cancer and their families to report any fake cure claims or unethical practices to the Health Complaints Commissioner or the Cancer Council.
Suzy Madar, a partner at law firm King and Wood Mallesons, said changes to the Therapeutic Goods Advertising Code that took effect in 2022, prevented influencers from publishing testimonials, offering their personal experience or opinions, if they have been paid or gifted a product or service.
She said the changes were “definitely designed” with wellness influencers like Gibson in mind, as well as those who played on fear during the Covid pandemic.
“Under this rule, Belle would not have been able to allowed to endorse any therapeutic goods while referring to her cancer claims,” Madar said.
