TGA issues infringement notices for alleged unlawful advertising of therapeutic goods involving prohibited representations

The TGA has issued 4 infringement notices totalling $79,200 to Switch Nutrition Pty Ltd (Switch Nutrition) for the alleged unlawful advertising of therapeutic goods, in contravention of the Therapeutic Goods Act 1989 (the Act). 

Advertising or promoting therapeutic goods directly to the public, including via company social media accounts, influencers or online advertising, and is prohibited under the Act and the Advertising Code, unless an exemption applies. It is also unlawful to advertise a medicine for an “off‑label” use that differs from its approved indication.

TGA’s enforcement activities relate to the alleged unlawful advertising by Switch Nutrition of therapeutic goods containing Nicotinamide Mononucleotide (NMN) and Vitamin D3 (Cholecalciferol) for the treatment of serious medical conditions.  

References of this kind are classified as restricted or prohibited representations and are not permitted in advertising of therapeutic goods unless prior approval or permission has been granted by the TGA. 

Restricted and prohibited representations are tightly regulated to protect consumers from misleading claims, and to ensure medicines are used safely and appropriately with healthcare practitioner oversight.

The TGA reminds businesses that they are responsible for understanding and complying with their regulatory obligations under the Act when importing, supplying and advertising therapeutic goods in Australia. Consequences for non-compliance may include infringement notices, direction and prevention notices, or civil or criminal proceedings. The TGA takes action where serious non-compliance with the Act is identified, in line with its regulatory compliance framework.

This action reflects the TGA’s ongoing compliance and enforcement activities for therapeutic goods, as outlined in the TGA’s Compliance Principles 2026 and 2027. 

If you suspect non-compliance in relation to therapeutic goods, or their advertising, you can report it to the TGA at any time.

Contact for members of the media:

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