Plant Extracts

PRODUCING PURE PHYTO ACTIVES FOR USE IN COSMETICS, NURTRACEUTICALS, SUPERFOODS, PHARMACEUTICALS, FOOD + BEVERAGE

Corrective Court Orders

Recently Plant Extracts has received a Court Order, and in response to these legal findings, we want to emphasise our unwavering commitment to product efficacy, safety, and transparency. We take these findings seriously and have been actively working to address any issues and make any necessary adjustments required. It is important to note, that this court matter is currently ongoing and we are limited to what we can say.

 

In utmost transparency, we would like to address each of the orders and our response to them, to give you further context and information as we appreciate this matter is of concern.

 

Annexure A - Plant Extracts had 11 Data packs that contained LC-MS results that were not our property.

 

Answer: Yes, unfortunately this is the case and we apologise.  These Data packs were destroyed early 2020.  It was our belief at the time that these were owned by the company that conducted and funded the research, not the company that our Ross Macdougald had founded and since left.

 

Annexure B - Plant Extracts displayed the Organic Food Chain logo on its products from 2016 until 2018.

 

Answer: Yes, we are sorry.  From July 2016 to May 2018, Plant Extracts used the incorrect OFC logo on its products to promote the sale of organically certified extracts when these products should have been sold through a related company that held the organic certification.  Plant Extracts gained its own Organic Certification with the ACO/National Standard on 31st August 2018.  But for the period above, Plant Extracts itself did not hold the relevant certification.

 

Annexure C - Plant Extracts has previously indicated that its Finger Lime and Desert Lime extracts contained the compound ‘Byangelicin’.  The Court found that this is not a compound and should not have been listed.  Reference to ‘Byangelicin’ was removed from Plant Extracts documentation from 2020.

 

Answer: Third party testing from Southern Cross University indicated that ‘Byangelicin’ was a compound found in extracts created by Plant Extracts from Australian native citrus fruits such as finger lime (Biologi Bf serum) and desert lime.  That was the basis it was advertised as a compound by Plant Extracts & Biologi along with the believed benefits of this compound to the skin.  

 

In addition to the analysis produced by Southern Cross University, Plant Extracts & Biologi have documentation that indicates that ‘Byangelicin’ is a known compound from US based, Chem id, https://www.chemid.com/ and USDA, United States Department of Agriculture, https://www.usda.gov/.  We accept the order of the court and provide this information only by way of background to our customers on the basis on which this compound was previously referenced by us.

  

Moving forward, as this matter progresses and when we have new information or details, we will provide you with updates. Our entire team appreciates your understanding and support during this time, and we look forward to the future. 

 

-The Plant Extracts Team

 

Misleading or Deceptive Conduct and False or Misleading Representations by Plant Extracts Pty Ltd Following proceedings brought by Native Extracts Pty Ltd ACN 161 185 913 (Native Extracts), the Federal Court of Australia has found that Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) has engaged in misleading or deceptive conduct and made false or misleading representations in contravention of the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), and that Plant Extracts director, Mr Ross Macdougald, was knowingly concerned in those contraventions. From July 2016, Plant Extracts sent to customers and prospective customers data packs for Chamomile Extract, Grapefruit Seed Extract, Green Tea Extract, Gotu Kola Extract, Liquorice Extract, Oat Extract, Papaya Extract, Emu Apple Extract, Hops Extract, Olive Leaf Extract and Quandong Extract (Relevant Botanical Extracts) which included certificates of analysis purporting to be from Southern Cross University (SCU) relating to the composition of those extracts. Plant Extracts produced those certificates of analysis by modifying certificates of analysis sent by SCU to Native Extracts in relation to the Relevant Botanical Extracts, by removing the date, customer, customer reference number, laboratory reference number and job number. The Court has declared that Plant Extracts thereby made false or misleading representations that it had contracted with SCU to conduct independent testing of each of the Relevant Botanical Extracts, when it had not, and that each of the Relevant Botanical Extracts was of the standard, quality, value, grade or composition, or contained the characteristics depicted in the certificates of analysis when they did not. The Federal Court has also permanently restrained Plant Extracts from making the misleading representations described above. Misleading or Deceptive Conduct and False or Misleading Representations by Plant Extracts Pty Ltd Following proceedings brought by Native Extracts Pty Ltd ACN 161 185 913 (Native Extracts), the Federal Court of Australia has found that Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) has engaged in misleading or deceptive conduct and made false or misleading representations in contravention of the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), and that Plant Extracts' director, Mr Ross Macdougald, was knowingly concerned in those contraventions. From July 2016, Plant Extracts depicted an Organic Food Chain logo on its products in circumstances where it was not certified as organic by the Organic Food Chain Company. The Court has declared that Plant Extracts thereby made false or misleading representations that it was organically certified, when it was not, and that each of its products were of a particular standard, quality, value, grade or composition, or possessed particular characteristics they did not. The Federal Court has also permanently restrained Plant Extracts from making the misleading representations described above. Misleading or Deceptive Conduct and False or Misleading Representations by Plant Extracts Pty Ltd Following proceedings brought by Native Extracts Pty Ltd ACN 161 185 913 (Native Extracts), the Federal Court of Australia has found that Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) has engaged in misleading or deceptive conduct and made false or misleading representations in contravention of the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), and that Plant Extracts' director, Mr Ross Macdougald, was knowingly concerned in those contraventions. From June 2018, Plant Extracts represented on its website that its Finger Lime and Desert Lime extracts contained the compound "Byangelicin" and that "Byangelicin" improves collagen and elastin production in the skin, is a potent anti-aging active and reduces the potential of early aging. The Court has declared that Plant Extracts thereby made false or misleading representations that its products contained the compound Byangelicin, h circumstances where the compound Byangelicin did not exist, and that its products were of a particular standard, quality, value, grade or composition, or possessed certain characteristics when they did not. The Federal Court has also permanently restrained Plant Extracts from making the misleading representations described above.