Alleged advertising breaches


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The TGA has begun proceedings against a clinic over alleged advertising breaches of compounded prescription-only therapeutic goods

The Secretary of the Department of Health has begun Federal Court proceedings against Peptide Clinics Pty Ltd, trading as Peptide Clinics Australia, alleging breaches of the Therapeutic Goods Act 1989 and the Therapeutic Goods Advertising Code 2015.

Peptide Clinics Australia is alleged to have advertised compounded prescription only therapeutic goods, including ‘peptides’, on its website and other social media platforms, which were accessible to both registered customers and the public.

It included references to serious forms of diseases including cardiovascular disease and diseases of joint, bone, collagen and rheumatic disease, and to conditions such as anxiety and depression.

These references require approvals or permissions, for which it is alleged there are none, the TGA says.

The TGA alleges that advertising by the clinic expressly or impliedly encouraged use of therapeutic goods for inappropriate uses such as mood regulation, body building and libido enhancement.

“The advertising is also alleged to be in breach of the Advertising Code because it contained statements, claims and implications that the advertised peptides were safe or alternatively could not cause harm, and encouraged inappropriate use of the medicines,” says the TGA.

“The promotion of these peptides to consumers is also alleged to have contained scientific information that was inaccurate, imbalanced and misleading.

“The use of the peptides and other prescription only therapeutic goods sold by Peptide Clinics Australia could result in serious harm to consumers’ health and safety, particularly as it is alleged that the products are not used with adequate or appropriate medical supervision.”

The TGA says that on Thursday, 13 December, Peptides Clinics Australia gave an undertaking to the Court that it would remove the relevant advertisements from its website pending final hearing of the matter.

“When the matter is heard by the Court next year, the Court will be asked to impose financial penalties, and to issue declarations and final orders requiring the removal of any references for which approvals or permissions are required, as well as the removal of any other information in breach of the Advertising Code,” the TGA says.

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