Detoxologie fined $39,960 for alleged advertising breaches in relation to medical devices

The Therapeutic Goods Administration (TGA), part of the Department of Health, has issued three infringement notices totalling $39,960 to Sydney-based company Detoxologie Pty Ltd for alleged unlawful advertising.

Detoxologie allegedly promoted, on the company's website, the Ina'Chi Bio-resonance Health Scanner that was not included in the Australian Register of Therapeutic Goods (ARTG) and was neither an exempt good nor a good excluded from the operation of the Therapeutic Goods Act 1989 (the Act). Unless a specific exemption, approval or authority applies, therapeutic goods must be entered in the ARTG before they can be lawfully advertised in Australia.

The advertising of the Ina'Chi Bio-resonance Health Scanner, on the Detoxologie website, allegedly made restricted representations in relation to the treatment of para-thyroid and calcium deficiencies. A restricted representation refers to a serious form of a disease, condition, ailment or defect. The use of restricted representations in advertisements for therapeutic goods is unlawful without prior approval or permission from the TGA.

Detoxologie allegedly advertised, on the company's website, that its clinic is TGA approved for the administration of colonic hydrotherapy with the use of medical devices. The advertising was misleading as the TGA does not regulate or approve clinics or treatments. Therapeutic goods advertising to consumers must comply with the Therapeutic Goods Advertising Code, which prohibits misleading advertising.

The TGA has informed Detoxologie that the relevant advertising it is responsible for must be immediately removed from its website and any social media platforms.

The TGA takes action against advertising breaches

The regulatory scheme is critical to the safety of Australian consumers and the TGA investigates suspected illegal activity in relation to therapeutic goods. A range of compliance and enforcement tools are available and may include criminal or civil court proceedings, which can result in substantial penalties, fines or imprisonment.

Any person, including businesses, advertising therapeutic goods to consumers must comply with the requirements for advertising. The TGA encourages people to report suspected non-compliant advertising via its advertising complaints form.

Visit the TGA website for tips about how to spot a dodgy health product.