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Advertising: Regulatory decisions and announcements

15 July 2020

Important decisions and announcements relating to advertisements of therapeutic goods will be published here. This includes certain compliance and enforcement actions, such as direction letters and public warning notices regarding non-compliant ads when required.

Legal action

Federal Court restrains MMS Australia from advertising and supplying MMS and DMSO
4 June 2020 The Federal Court of Australia has made orders restraining MMS Australia from advertising and supplying goods containing certain potentially dangerous substances, including the main chemical used to make 'Miracle Mineral Solution' (MMS), until a further hearing next week.

TGA initiates court proceedings against MMS Australia and director Charles Barton for alleged unlawful advertising
29 May 2020 The TGA has initiated proceedings in the Federal Court of Australia in response to the alleged unlawful advertising of Miracle Mineral Supplement (MMS), dimethyl sulfoxide (DMSO) and other medicines by Southern Cross Directories Pty Ltd trading as MMS Australia.

Federal Court of Australia grants interim injunction to prevent advertising by Evolution Supplements Australia
16 April 2020 The Federal Court of Australia (Federal Court) has granted an interim injunction to prevent Evolution Supplements Australia Pty Ltd (Evolution Supplements Australia) and its sole director, Mr Cumhur Keskin, from advertising specified therapeutic goods.

Court proceedings commenced against Evolution Supplements Australia and its sole director for alleged advertising breaches
13 March 2020 The Secretary of the Department of Health has commenced proceedings in the Federal Court of Australia against Evolution Supplements Australia Pty Ltd (trading as Evolution Supplements Australia) and Mr Cumhur Keskin, the sole director and secretary of the company, for alleged breaches of the Therapeutic Goods Act 1989

$10 million penalty ordered against Peptide Clinics Pty Ltd for advertising breaches
23 July 2019 The Federal Court ordered that Peptide Clinics Australia (Peptide Clinics Pty Ltd) pay $10 million to the Commonwealth for breaches of the mandatory rules for advertising of medicines, including the ban on advertising prescription-only medicines to the public

TGA continues action against Peptide Clinics Australia for alleged advertising breaches
17 May 2019 The Federal Court has granted leave to the Secretary of the Department of Health to continue court proceedings against Peptide Clinics Australia following the company's liquidation in March this year.

TGA action against Peptide Clinics Pty Ltd for alleged advertising breaches
14 December 2018 This legal action follows an investigation by the Therapeutic Goods Administration

Warning notices

Warning to consumers and advertisers about COVID-19 test kits
1 Apr 2020 COVID-19 tests must be done under the direction of a health professional. The advertising and sale of home tests is prohibited.

TGA issues warning about illegal advertising relating to COVID-19
24 Mar 2020 The TGA will take action in relation to the illegal advertising of therapeutic goods, including those that make false and misleading claims about preventing or curing COVID-19

Warning about products claiming to treat or prevent the novel coronavirus
7 Feb 2020 Certain therapeutic goods are being inappropriately promoted for the prevention or treatment of novel coronavirus (2019-nCoV) infections in Australia

Human placenta ingestion
19 Jan 2018 We are advising expectant mothers to be aware of the potential risks associated with placenta consumption

Matters resolved

Resolution - Potential distribution of samples of therapeutic goods
27 Sep 2018 TGA has worked with Chemist Warehouse to ensure that none of the seat cushions to be placed at the NRL Grand Finals will contain therapeutic goods other than some approved sunscreen samples

Complaint outcomes and decisions pre July 2018

Before 1 July 2018, advertising complaints were handled under a different framework. For information about this framework and the publication of outcomes under this framework, see the Complaints Resolution Panel.