Advertising penalties

Two businesses have paid fines of more than $27,800 after the TGA stepped in about their advertising

The TGA has advised that PharmaCare has paid penalties of $12,600 after the Therapeutic Goods Administration issued an infringement notice for the alleged advertising of a therapeutic good after it had been cancelled from the Australian Register of Therapeutic Goods.

“In the event of deliberate non-compliance, or the discovery of non-compliant systems, therapeutic goods may be cancelled from the ARTG,” the TGA noted.

“Once cancelled, the product can no longer be advertised in Australia.

“The product, Sambucol Cold & Flu Kids Liquid, was audited during a routine compliance review.

“The TGA found that the application to include the medicine on the ARTG was false or misleading, as the scientific evidence PharmaCare held to support some of the indications for the medicine was inadequate.

“As a result, the TGA cancelled the product from the ARTG in June 2019, however the product was still being advertised on PharmaCare’s website after the cancellation.”

Meanwhile another Australian business, Redback SARMs, has paid penalties of $15,210 after the TGA issued infringement notices for the alleged advertising of Schedule 4 (prescription-only) substances.

These substances included Selective Androgen Receptor Modulators (SARMs) and Melanotan II.

“Using SARMs and other prescription-only medicines could result in serious harm to consumers’ health and safety, particularly if the products are not used with adequate or appropriate medical supervision,” the TGA said.

“The TGA is reminding businesses that prescription-only medicines cannot be advertised to the public.

“Online interfaces that allow consumers to review and self-select their desired prescription-only medicines for subsequent prescribing and supply will generally be considered advertising for those medicines.

“Businesses should also be aware that promoting general classes of prescription-only medicines (like SARMs) is also likely to be considered advertising.”

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