More than $600,000 in fines issued for alleged unlawful medicinal cannabis advertising

The unrelated businesses include licenced medicinal cannabis manufacturers and importers, a health clinic, and a retailer. It is alleged that each business unlawfully promoted the use and supply of prescription-only medicinal cannabis. 

The businesses allegedly also endorsed the use of medicinal cannabis for treating serious diseases, conditions and disorders, such as cancer, post-traumatic stress disorder and chronic pain. These references are considered restricted or prohibited representations and are not permitted in advertising for therapeutic goods unless prior approval or permission is granted by the TGA. 

In some cases, the advertisements also allegedly:

• used indirect references to medicinal cannabis, such as ‘plant medicine’
• implied that medicinal cannabis had been approved or recommended by the TGA 
• promoted their own prescription-only medicinal cannabis products. These are unapproved medicines and not entered on the Australian Register of Therapeutic Goods.

Advertising prescription-only medicines, such as medicinal cannabis, directly to consumers is prohibited, as it may create inappropriate demand and lead to unnecessary or harmful prescribing. Treatment options should be determined by a health professional in consultation with their patient.

The TGA reminds businesses that unlawful advertising of prescription-only medicines, including medicinal cannabis, is a breach of the Therapeutic Goods Act 1989 (the Act), for which serious penalties can apply, including fines or civil or criminal court action.

The TGA is committed to taking strong enforcement action to deter and disrupt unlawful advertising of medicinal cannabis. In the last 2 years, 2 civil penalty proceedings have been commenced and 165 infringement notices issued, including the 35 announced in this media release. These notices total more than $2.3 million in penalties to organisations and individuals for alleged unlawful advertising of medicinal cannabis.

Consumers, health professionals, and businesses can access medicinal cannabis education resources on the TGA website, which explain the advertising rules and legal access pathways. The updated advertising guidance for businesses involved with medicinal cannabis products clarifies the application of the Act in relation to medicinal cannabis advertising.

Individuals can report suspected non-compliant advertising on the TGA website.

Contact for members of the media:

• Email: news@health.gov.au
• Phone: 02 6289 7400.