Adjudication No. 1368  (adjudicated September 2007)

The Australian Press Council has, by 9 votes to 8, upheld in part a complaint brought by David Bruckner against The Courier-Mail relating to an article published in its 23-24 June 2007 edition.

The article reported that Queensland health authorities were investigating 'the death of a woman from liver toxicity after drinking the newly fashionable goji juice'. The article also stated that doctors at that stage were 'reluctant to say whether goji juice, one of the latest nutrition fads' contributed to the woman's death 'until tests confirm a link'.

The article was published on page 14. It was given a page one pointer with the words Woman's death linked to new health trend alongside a picture of some goji berries. The headline of the page 14 article, Health food or fad? - Woman's death after use leads to inquiry, was superimposed over a photograph of goji berries. This headline which appeared in the first edition was changed to Fad fruit death link explored - Authorities warn of natural medicine danger in a later edition.

The complainant claimed that the "misleading 'pointer' and damning headline and the biased article against goji juice and berries" had impacted severely on his company's business.

The Council finds that the claim of bias against goji juice and berries is not borne out by the contents of the article. The newspaper claimed that as the matter involved a public health issue it would have been negligent in failing to report an investigation into the death of the woman from liver toxicity after drinking goji juice for a month. The Council endorses the stand of the newspaper on this aspect.

The Council also finds that neither of the headlines was asserting a clear link between the woman's death and goji berries.

The Council finds however that the page one pointer should have been better worded. It was unambiguous in asserting a link and to that extent the complaint is upheld.

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