Overview| Case Number | Received Date | Finalised Date | Product/s | Responsible Person |
|---|
| AC-000000001761 | 01/01/2022 | 03/05/2022 | | |
Case SummaryAlleged BreachesTherapeutic Goods Act 1989- s42DLB(1) - Advertise or cause advertising of therapeutic goods and subsection (2), (3), (4), (5), (6), (7), (8) or (9) applies to the advertisement.
- s42DLB(7) - Advertisement refers to substances, or goods containing substances, included in Schedule 3, 4 or 8 of the current Poisons Standard but not in Appendix H, other than a reference authorised/required by a government/government authority (not including a foreign government/authority)
SummaryThe TGA reviewed advertisements for various products on the websites, where the advertising referred to goods which contain nicotine; which is a substance included in Schedule 4 to the current Poisons Standard.
The Therapeutic Goods Act 1989 prohibits advertising to the general public for a substance, or a therapeutic good containing a substance, included in Schedule 4 or Schedule 8 of the Poisons Standard. The Poisons Standard ensures the safe handling of substances in Australia.
The TGA has granted a legal permission which allows pharmacies and pharmacy marketing groups to advertise where an individual may obtain nicotine vaping products with a prescription. The advertisement was not a permitted advertisement in accordance with the Therapeutic Goods (Restricted and Prohibited Representations - Nicotine) Permission (No. 2) 2021. Actions| Date | Action | |
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| 11/02/2022 | Warning Letter requiring action sent to advertiser | A warning letter was sent to the advertiser concerning the alleged unlawful advertising nicotine vaping products on myduke.com.au, and associated social media. | | 14/02/2022 | Warning Letter requiring action sent to advertiser | A warning letter was sent to the advertiser concerning the alleged unlawful advertising of therapeutic goods on https://mycompounder.com.au/. | | 23/03/2022 | Infringement notice issued | The Therapeutic Goods Administration (TGA) has issued three infringement notices totalling $39,960 to Melbourne-based company MEPH Pharmacy Pty Ltd for alleged advertising breaches relating to nicotine vaping products.
It is alleged that MEPH Pharmacy Pty Ltd unlawfully advertised nicotine vaping products on their website and other social media accounts. Under the Therapeutic Goods Act 1989, nicotine vaping products are prescription only medicines (in Schedule 4 of the Poisons Standard) and cannot be advertised to the Australian public.
The TGA also issued three infringement notices totalling $7,992 to a Melbourne-based pharmacist for alleged advertising breaches relating to nicotine vaping products.
It is alleged the pharmacist was responsible for unlawfully advertising nicotine vaping products on the pharmacy website and related social media accounts. Under the Therapeutic Goods Act 1989, nicotine vaping products are Schedule 4 prescription only medicines in the Poisons Standard) and cannot be advertised to the Australian public, otherwise than in accordance with the relevant Advertising Permission. The alleged unlawful advertising was not consistent with the conditions in the permission, namely that the advertising must only refer to a service and not advertising of the products themselves. In particular, the advertising contained pictures and the trade names of the goods. |
Case Outcome| Date | Case Outcome | |
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| 28/04/2022 | Infringement Notice Paid | All 6 infringement notices have been paid. | | 03/05/2022 | Case resolved | The case is resolved as that the alleged unlawful advertising was removed and the infringement notices have been paid. |
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