The lawsuit, filed by former HOF clinic franchisee Anderson Silva, seeks to cancel the franchise agreement with the clinic and seeks a refund of the amounts paid in addition to non-pecuniary damages. The lawsuit is pending in the 6th Civil Court of the Capital District.

The information that the lawsuit is pending at the Florianopolis Court has been confirmed through the body’s official portal, which has a page for examining lawsuits.

According to the woman’s lawyers, who wished to remain anonymous, there was no transfer of courses teaching facial harmonization techniques provided for in the agreement to acquire the clinic. These are the methods that Anderson reveals on his official website for those looking to open one of his franchises.

The image shows the cover of Anderson Silva’s Hof Clinic website about the Tubarao franchise. Photo: Reproduction/Hof Clinic/ND

On the official website of Hof Clinic, the company says that the franchisee has several resources, including courses. Check:

The website shows the resources available to those who purchase the Hof Clinic franchise – Photo: Reproduction/Hof Clinic/ND

In addition to problems with non-fulfillment of contractual promises, lawyers argue that there was an omission of mandatory information, which could lead to the cancellation of the document. Among them is the lack of mention of lawsuits that call into question the system or could jeopardize the operation of the franchise in the country.

The defense indictment concerns a public civil lawsuit filed by the Ministry of Public Administration in 2021 regarding an investigation at the Anderson Silva Clinic of alleged use of prohibited products in Brazil, among other violations. The case concerns the Hof clinic in Balneario Camboriu.

According to this Balneario action, unregistered expired products were found at Anvisa (National Health Surveillance Agency) at the city clinic headquarters. In the process, there is a report from the Balneario Camboriu Health Supervision Service stating that: “There is a ban on the use of the substance SODIUM DEOXYCHOLATE in all procedures carried out by the defendant, as well as any other substance not allowed in the country,” he writes .

According to the drug insert, sodium deoxycholate, also known as deoxycholic acid, is a bile acid present in human bile that acts as a detergent to emulsify dietary fats.

In his defense, Anderson Silva denied any wrongdoing in the supply of the products and ensured that the quality and manipulation of the products was handled by the franchisees themselves (see below).

Patients report reactions

However, the defense also reports that the clinic was opened on November 16, 2022 in Tubarao, and most of the patients seen in the first month returned with complaints of reactions (such as pain or a swollen face) or stated that the product did not help. no effect is working, prompting the franchisee to take action in an attempt to terminate the contract.

This case is not the only one reported by people who use the toxin supplied to the Hof clinic. May 16 portal no data+ exclusively disclosed the case of a woman who was hospitalized after receiving Botox at the Hof Clinic in Florianopolis.

The woman reported that she had a severe allergic reaction after Botox retouching – Photo: Reproduction / Personal archive / ND

Accounts

Another point mentioned is the lack of confidence in the packaging in which the products were placed, which led the franchisee to demand invoices for the products. According to the franchisee’s defense, Anderson’s clinic never sent the note.

The dentist’s defense argues that “a note was issued and sent to the plaintiff, who still has not paid the amount related to the products, which in total amounts to more than 19 thousand reais.”

In less than two months of activity, the former franchisee notified Dr. Anderson Silva, Hof Clinic Florianópolis, through its lawyers, terminated the contract early due to the franchisor’s failure to fulfill its obligations.

For ex-franchisee lawyers, who are protected by Livramento e Corrêa Advogados, even if the contract has already been terminated, it is necessary to seek its annulment due to “addiction to consent”, that is, when one of the contracting parties is inclined to make a mistake to others.

“The Franchise Proposal Circular introduced a business whose purpose would be to transfer know-how and best practices in facial harmonization procedures developed exclusively by Dr. Jones. Anderson, and that this will be a critical success factor for the business. However, there has never been any transfer of the exclusive methodology developed by him, which he himself admitted to the former franchisee. In this regard, the willful omission of a claim filed by the prosecution in the franchise offer to investigate the use of prohibited products in the country confirmed that the former franchisee had a false idea of ​​the business represented, which could thus lead to the nullity of the contract,” they argue.

What Anderson Silva’s Defense Says

In defense, lawyers Dr. Anderson denied all facts. They also stated that he always followed best practices by following manufacturers’ recommendations and that there was no failure to comply with any law.

The defense argues that it is the responsibility of the franchisee to handle the products – Photo: Reproduction/TZAO/ND

“There is no evidence that the complications come from the products supplied by the defendant, since this assertion can only be proven through examination and examination of the products, and the risks of the activity are also the responsibility of the franchisee,” he argues.

As regards the information about the public civil action in Balneario Camboriu, the defense argued that there had been no violation of the legal article. Check:

“Art. 2, IV, Law 13,966 (Franchise Law) clearly defines the duty to provide information in the prospectus about franchise offers identifying lawsuits related to the franchise that compromise the system or may jeopardize the operation of the franchise in the country. Simple reading The plaintiffs’ allegations show that the purpose of the action is not to question the franchise system or jeopardize the operation of the franchise in the country. Thus, it remains clear that there was no violation of the legal clause,” he replies.

However, according to the Dental Defense, there is no interest in holding a conciliation hearing. According to the official website of the Court of Santa Catarina, this type of hearing is when the parties involved in the process meet with a mediator or mediator to work together to find a solution or agreement that will end the conflict.

Interrogated, Anderson Silva did not respond to the report. The space remains open.

At this point in the process, there is an open deadline for Hof Clinic Florianópolis to comment on the franchisee’s latest allegations by June 5th.

After the answer, a briefing and a court session will be scheduled, where the latest evidence will be presented so that the judge can later decide on the case whether to convict Anderson Silva or not.