Banks Called to Testify in Bee Pollen Case

Monday, December 2nd 2002

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Auckland Mayor John Banks has been dragged into a High Court action against his former bee pollen company for alleged false claims about its product.

Mr Banks has been summonsed to give evidence in the case against Topline International, which stands accused of falsely marketing its Natures Bee Potentiated Bee Pollen capsules.

Mr Banks was the main shareholder until about six weeks ago, when he sold his 1.8 million shares back to the company, run by father and son team Jeff and Ben Cook, of Remuera.

Mr Banks arrived at court yesterday with a folder of documents but was stood down before taking the stand because the case was delayed. He will be called later.

Christchurch scientist Dr Kelvin Duncan is suing Topline for allegedly falsely marketing its bee pollen as having been treated by a process he invented. Dr Duncan developed the potentiation technique, whereby pollen grains are subjected to explosive decompression in a gas chamber to rupture the exterior of the grain, supposedly to make the product more "available" to the human body.

Dr Duncan's company Cellular Improvements, has not supplied Topline with potentiated bee pollen for about a year but claims that Topline is continuing to market its product as potentiated. Dr Duncan, whose lawyer has summonsed Mr Banks, is seeking compensation for loss of profits and an injunction to stop Topline from making the claims.

Topline does not believe Dr Duncan has exclusive rights to the word "potentiated'. It says that in its advertising it refers only to "various processes" used to enhance the pollen's digestibility.

It has filed a counter-claim, accusing Cellular Improvements of passing off its products as being associated with Topline and breaching the Fair Trading Act.

The bee product industry is worth $30 million a year, but the products continue to fall foul of advertising codes by allegedly exaggerating health benefits.

Bee pollen is said contain many vitamins and minerals.

Ironically, Topline called Dr Duncan as a witness last year before the Advertising Standards Authority to defend complaints that Topline was making exaggerated claims about health benefits of potentiated pollen, including that it was "80 times more digestible than other bee pollens". The authority ruled that those claims were not substantiated.

Mr Banks has been in hot water himself over his involvement in the company. In May, the Advertising Standards Complaints Board ruled that he misled people by not disclosing his financial interest in Nature Bee procuds, which he endorsed in television infomercials.

It is said the ad misled the consumer because the product was endorsed by Mr Banks as an independent user. Mr banks had previously been accused of plugging Nature Bee products on his Radio Pacific show without disclosing his financial interest. He told the Weekend Herald yesterday that the bee pollen industry was a "very lucrative business, a very successful business". He had been a "cornerstone investor" for two years but was not involved in the day-to-day running of the company. He had been "reluctantly summonsed" to give evidence.

The case has been adjourned for a week.

Source Weekend Herald 1 December 2002

Footnote

At Ideal Health we believe that the potentiation process causes the pollen to oxidise. This makes it unstable. Bee pollen is a gift from nature which we suggest you have just as nature intended. Whole bee pollen granules or in capsule form.

If you need help or advice, you are welcome to email our naturopathic team with your health question.

Disclaimer: The health information presented here has been written for the New Zealand health consumer. It is of a general nature and is only intended to provide a summary of the subjects covered. The information is not intended to be comprehensive or to provide medical advice to you. While all care has been taken to ensure the accuracy of the information, no responsibility or liability is accepted, and no person should act in reliance on any statement contained in the information provided. All health ailments should be treated by a qualified health professional.

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