The company, which is owned by My Chemist Group, operates the Chemist Warehouse, My Chemist and Epharmacy online stores. These sites stock products by the
private-label brand Healthy Care, which are sold only in My Chemist Group businesses.
The websites promoted the Healthy Care products, offering what seemed to be significant discounts when compared to the recommended retail price (RRP). But
because of the exclusive distribution deal with Epharmacy, shoppers would never find these items sold anywhere else at "full price", rendering the RRP
Source: ACCC/Chemist Warehouse website
Because the supposed RRP didn't reflect the price of the items in any store where they were available, the ACCC found that consumers were potentially being
misled about the "savings" were getting.
In some cases, the supposed saving was more than the item's sale price.
"Businesses using statements such as 'savings' or 'discounts' when comparing a sale price to the RRP of goods and services suggest to potential customers
that they are getting a good deal because the sale price is less than the RRP," ACCC Commissioner Sarah Court said. "But if the product has never been
previously sold at the RRP, or the RRP does not reflect a current market price, then this type of comparison misrepresents the savings that may be
"Consumers rely on comparative pricing to find the best deal available. If in fact there are no genuine savings, businesses are misleading consumers and
risk enforcement action by the ACCC."
The penalties relate to three infringement notices, each related to a different online store. While the issuing of a penalty does not necessarily mean
Epharmacy has broken the Australian Consumer Law, the penalty sends a warning to retailers about making misleading claims about the discounts they are
offering to consumers.