Australia Dahua Faked Advertisement, Government Warns of 'Criminal Offense' for Not Registering As Medical Device

By Charles Rollet, Published Jun 25, 2020, 08:21am EDT (Info+)

A full-page advertisement in a national Australia newspaper for Dahua's temperature cameras faked temperature screening.

Meanwhile, the Australian government told IPVM that Dahua's devices are not included in the country's medical device database, ARTG, and that "it is a criminal offence to supply or advertise a medical device that is not included in the ARTG."

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In this report, we examine the ad, its problems, and Australian medical device regulations, including:

  • Full Page Ad in Major Australian Newspaper
  • Problems With Ad Analyzed
  • C.R. Kennedy Says Marketing from Dahua, After Adds Tiny Disclaimer
  • Australian Government Responds: 'Fever Cams' Are Medical Devices
  • TGA: "Criminal Offense" to Supply or Advertise Medical Device Not in ARTG
  • C.R. Kennedy Denies Medical Device, Says No First Amendment In Australia
  • TGA: "This Is Incorrect"
  • TGA: Any Products "Brought To The TGA's Attention, Will Be Investigated"

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*.*. ******* ******** *************** ************ ** **** **** "*** ********** laws ** *** ****** ***********":

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**** ********* ** *********** **** ***** across *** *****, **** ******** ******** upcoming.

Comments (31)

Well, this looks like an open and shut case. Just because you can get away with something in the U.S. doesn't mean you can get away with it everywhere else.

From what I've heard, Australia hasn't had COVID-19 nearly as bad as the U.S., so maybe it's easier for them to stay sane about the safety measures.

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EVERYONE except for essential workers told to say at there home for a few weeks?.( ca not remember exact time) Only allowed reason to leave home was get food, get medicine and a few other reasons. This went on for a while. Meetings limited to 2 people. State borders closed. Limits slowly lifted to allow more freedoms. All incoming people to State needed to quarantine for 2 weeks. No active cases in my state now for several days now.

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No new LOCAL cases for many days here. Have had a couple from people returning home form O/S etc

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RE ... stay sane about the safety measures

>>> depends on your personality type<<<. I am quite OK with the shutdown. Do not mind it at all.

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26 million vs 331,002,651 population size. You're comparing what?

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Australia - 305 cases per million

USA - 7826 cases per million

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Thank you for bringing this article to public knowledge. I can't believe the crk managing director trying to threaten ipvm.

It will be interesting what the outcome is. Hopefully they set an example.

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A little bit of foreshadowing for the US here...

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So much I'd like to say.....

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It boggles my mind how people think they can skirt a requirement just by saying that it doesn't apply to them for whatever reason when it is the governing body who made the requirement who dictates who it does and does not apply to.

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Note: the faked advertisement is the main image on C.R. Kennedy surveillance's webpage right now:

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Also, it does not have the new disclaimer they forwarded to us on the flier copy.

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Update: the faked image has now been removed from C.R. Kennedy's surveillance webpage.

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It is clear according to the ACCC in Australia that it is illegal for a business to engage in conduct that misleads or deceives or is likely to mislead or deceive consumers or other businesses.

Advertising and selling guide - Misleading or deceptive conduct | ACCC

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That small print makes cigarette companies jealous. How is it that Dahua resellers and distributors don't see how Dahua pushes the limits of advertising and in giving this free material to its partners, is putting the risk on them ("we just gave it to them, it's up to them to check local laws about advertising") and hanging them out to dry.

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How can you say "All kits sold with black body reference ... As used in HOSPITALS across Australia" but then say it is not a medical device?

Smells like a great big fat bag of BS to me.

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False sense of Security for Profit.

Always good to see a distributor marketing direct to the public, gives you great confidence when resellers are not using the same marketing.

Having to explain the facts and why you won't install them to end users can only end up having a negative result on both parties.

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Its good to see IPVM bring this to the spotlight. The most annoying thing since the COVID-19 has been the profiteering by Chinese companies selling products that they allege can help either protect against the virus or identify people with the virus. As we have seen in global news, a huge percentage of these have not been fit for purpose.

Australia has unfortunately been infiltrated and corrupted by Chinese companies just as has happened in the USA and many other countries around the world. It is common that distributors of Chinese CCTV products in Australia begin acting immorally due to pressure from the Chinese manufacturers.

There was a lot of bad feeling in the Australian security market because CR Kennedy had gone around their regular customers and sold directly to end users and now there is another problem is that they sold a medical device as not being a medical device. There are a huge number of distributors currently doing this.

The big problem is that CR Kennedy should have known that the camera was actually a medical device because the word on the street is that it was not their surveillance division selling to hospitals, it was their medical division. There is no excuse for their medical division to have not known that the camera would be classed as a medical device because they have a specialist medical division where this product is still advertised.

Endoscopy, Surgical, ENT & Speech Pathology, Pulmonary & Airway Management, Nephrology & Urology, Gynecology, Medical Simulators | C.R.Kennedy Medical

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Dahua Thermal Imaging Camera TPCBF3221P-TB7F8 | C.R. Kennedy

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About Us | C.R. Kennedy

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It is difficult to believe that they did not know this device would be classified as a medical device.

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Update: The CR Kennedy medical division has removed the banner from the medical division website however they are still clearly selling the Dahua thermal camera as a medical device as they kept the product live and unedited on the medical division website.

If they had the resources to remove the banner then that same resource could of at the same time removed the product from their medical website or adjusted the contents to clearly state that the product is not a medical device. It would be good to see them write in a good sized font to genuinely notify people that it is not a medical device rather than in the extremely small and almost unreadable size that was used previously

From the outside, it seems that they are still intent on selling this product as a medical device even though they now know and have agreed that it is not a medical device.

Dahua Thermal Imaging Camera TPCBF3221P-TB7F8 | C.R. Kennedy

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So if I understand this correctly, is it safe to say they've removed it from the public facing front web page, but still have it inside behind their login page, away from prying eyes like IPVM?

I did a search for "Dahua" on their public facing side and it turned up no results.

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With new hot spots of COVID-19 cases increasing in the state of Victoria, these devices may see an increase in sales and deployment.

That said, I've not seen any cameras sold as Fever Detection or Medically Tested here or in other states. As soon as one is, it would be pounced upon by the TGA and thoroughly scrutinised (one would hope).

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It was advertised as a medical device and is sold as a medical device (checking temperatures) for entry points. Its application is for fever/temperature detection.

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UPDATE: The TGA tells IPVM that this advertising "is under investigation" and that they have "made contact with CR Kennedy":

The advertising complaint is under investigation and the TGA has made contact with CR Kennedy.

The TGA added that the outcome of this matter will be published when it's closed:

Once the matter is closed, the outcome of the investigation will be published on the TGA website at: Advertising: Complaints and outcomes | Therapeutic Goods Administration (TGA)

We will update when that happens.

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CR Kennedy might be breaking another law.

One of their employees is saying that even though there has been coronavirus lockdowns in all of Australia and now Melbourne that CR Kennedy has been forcing them to work from the CR Kennedy office.

The rules of the lockdown say you can leave your home for "Study and work – if you can’t do it from home"

Coronavirus (COVID-19) restrictions Victoria

Most other companies during the current lockdowns have these types of people working from home so what is special about the work at CR Kennedy that they can not do the same? Even if a company is classed as an essential service it does not mean that all workers must work from the office.

If there is anyone who works at CR Kennedy or has visited them and seen the restrictions being broken first hand you can report them for Covid-19 Breaches from the first national lockdown or the second Melbourne only lockdown. If you are worried about being identified by CR Kennedy you can report anonymously.

Victoria Victoria Police - Online Reporting 404

New South Wales. Crime Stoppers NSW

Queensland https://forms.police.qld.gov.au/launch/SuspiciousActivity

Western Australia - Call 131 444 to report a breach.

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One of their employees is saying that even though there has been coronavirus lockdowns in all of Australia and now Melbourne that CR Kennedy has been forcing them to work from the CR Kennedy office.

Where is this being said?

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Over the phone but it is third hand.

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hence why i did not report myself, however have listed the resources so that any employees or other people who have first hand information can easily make a report.

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Actually, if the business can ensure that their employees socially distance, maintains proper hygiene and is having cleaning staff wipe down common surfaces (light switches, door handles, counters, etc) at least once a day they can remain open.

That said, if they were unable to do this, and still forced their employees to come to work under threat of being fired or docked pay, then that would be illegal.

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Do you have any links to the place the details those exemptions/requirements?

I have not heard of them before and would be genuinely interested to see them as it would definitely change the way i am doing some things.

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Sure, hope the below links can help you out :)

Cleaning

Duties

Planing Tool

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That is a great resource and extremely informative. I think anyone here should read through them as i certainly learnt alot from reading them.

It seems though that this does not override any lockdown rules for Melbourne.

It says on the planning tool that you must follow public health direction in your state and it also says in the Duties link "The model WHS laws have been implemented in all jurisdictions except Victoria and Western Australia. " I have no idea why Victoria would not implement this as well. It seems like very good advice

Even if Cr Kennedy are following Safe Work Australia rules it seems like they might still be in trouble under Victorian law and the current lockdown

From this page below i believe it is clear that in the Melbourne Metro area that anyone who can work from home must work from home.

Department of Health and Human Services Victoria | Victoria's restriction levels

From 11:59pm on 8 July if you live in metropolitan Melbourne and the Mitchell Shire you must stay at home. You can only leave home for one of the four reasons – shopping for food and supplies, care and caregiving, exercise, and study and work, if you can’t do it from home.

There are also a few statements from Daniel Andrews saying the same thing that if you can work from home that you must work from home.

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In a perfect world, if you could work from home you would work from home.

However, the way things get interpreted and applied are : If you can work from home you must work from home; if your company isn't taking every reasonable step to ensure they can to protect you at work, and they have a decent internet connection.

Some companies out there are purposefully not ensuring their employees can access work from home to force them into workplaces, and those are the ones that get PAL (131 444) called on them.

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