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Performance Online Services Pty Ltd fined $53,280 for alleged breaches concerning counterfeit erectile dysfunction medicines

15 November 2021

The Therapeutic Goods Administration (TGA) has issued four infringement notices, totalling $53,280, to Brisbane-based company Performance Online Services Pty Ltd for the alleged export, supply and advertising of counterfeit erectile dysfunction (ED) medicines in breach of the Therapeutic Goods Act 1989 (the Act).

Performance Online Services allegedly exported, supplied and advertised, on its websites, Xcalibur XXX Gold 8000 and Wicked Triple Platinum that were not entered in the Australian Register of Therapeutic Goods (ARTG). The alleged counterfeit products contain undeclared sildenafil, a Schedule 4 prescription only substance included in the current Poisons Standard.

Under the Act, therapeutic goods must be entered in the ARTG before they can be lawfully exported from, or supplied or advertised in Australia, unless an exemption applies.

The TGA has informed the company that it must immediately remove all advertising of alleged counterfeit ED products from its websites.

Consumer warning

The TGA strongly discourages self-medication of ED medicines. Consumers are advised to talk with a doctor to identify safe and effective treatment.

ED products that claim to be herbal, natural or energy supplements are not necessarily safe. The TGA warns consumers that ED products sold online, especially from sellers that do not request a valid doctor's prescription, may be counterfeit. These products may contain undeclared (hidden) substances that could cause a serious adverse reaction.

If you suspect non-compliance in relation to any therapeutic good, you can report illegal or questionable practices online to the TGA.

The TGA also encourages the reporting of suspected non-compliant advertising.