The High Court in Christchurch has today upheld convictions against Megavitamin Laboratories (NZ) Limited and Dr Warren Stewart for making false claims about vitamin pills.

In May last year the Commerce Commission prosecuted Megavitamins and Dr Stewart for making false claims in brochures and on labels that pills contained larger quantities of vitamins than was true.

The Christchurch District Court convicted Megavitamins on 10 charges and Dr Stewart on one.

The Commission appealed the nine charges on which Dr Stewart was found not guilty. Justice Tipping dismissed that appeal.

Megavitamins appealed its 10 convictions and Dr Stewart appealed his conviction. Justice Tipping dismissed all these appeals.

Megavitamins and Dr Stewart also appealed the level of fines imposed. Justice Tipping upheld this appeal saying he took into account fines set in other relevant cases and that the District Court found the breaches were caused by "abysmal carelessness" rather than a deliberate attempt to short-change customers.

The total fines and costs were reduced from $30,515 to $23,640.

Justice Tipping reduced the 11 fines from $1,250 each to $625 each. He did not change the costs imposed. They were $95 court costs, $145 analysts fees, $327 witnesses' expenses and $1,000 solicitors' fees on each charge against Megavitamins. Dr Stewart had been ordered to pay $95 court costs and $1,000 solicitors' fees.

He did not impose further costs in relation to the appeals.

Media contact:Vincent Cholewa, Communications Officer

Phone work 904) 471 0180, home (04) 479 1432