Outcomes of advertising complaints - compliance following TGA intervention

Below is a list of outcomes where the advertiser has taken specific action to address identified breaches of therapeutic goods advertising legislative requirements and is compliant at the date for which the complaint investigation was finalised. The advertiser's actions have been taken following TGA investigations into these complaints.

All of these complaints were the subject of a complaint to the Complaints Resolution Panel (the Panel). They were referred to the TGA for follow-up action because the advertiser did not fully comply with the Panel's request to address breaches of the therapeutic goods advertising legislation.

This list of outcomes also includes complaints that have been closed due to other reasons such as the advertiser ceased trading, the advertiser's website is no longer accessible or the product has been cancelled from the ARTG.

About the release of this information

Reasonable care is taken to ensure that the information is an accurate record of the outcomes of advertising complaints and any associated information relevant to that complaint. However, the TGA does not guarantee or warrant the accuracy, reliability, completeness or currency of the information or its usefulness in achieving any purpose.

To the fullest extent permitted by law, including but not limited to section 61A of the Therapeutic Goods Act 1989, the TGA will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on this information.

The information contained in this database is released under s 61(5C) of the Therapeutic Goods Act 1989.

Copyright restrictions apply to the information held in the Complaint resolutions database.

Open all | Close all
If you want to print all entries, you need to Open all before you print.

Complaint resolutions

Displaying 1 - 10 of 32

Search by ARTG number, CRP complaint ID, Advertiser or Product name

Australian Pharmaceutical Industries Ltd (Priceline)

Product name: Forelife Fertility Care Lubricant

ARTG number: 136451

CRP complaint ID: 2015/05/025

​The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Priceline website, was in contravention of sections 4(2)(i), 4(5), 4(6)(b) and 6(3)of the Therapeutic Goods Advertising Code (the Code).

The Panel requested the advertiser to:

  • withdraw a particular claim or representation made by the advertisement;
  • withdraw the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code

The Panel recommended that the TGA issue a Regulation 9 Order as the advertiser failed to comply with all of the requests outlined above.

The Panel's determination can be found here.

Recommendation received by the TGA: 22 February 2016

Investigation finalised by the TGA: 14 February 2017

Australian Pharmaceutical Industries Ltd (Priceline) had already made a number of amendments to the advertising prior to the complaint being referred to the TGA that improved the compliance of the advertisement.

Following closure of complaint 2015/05/027 the advertiser further amended the advertisement to withdraw the particular claims and representations found to be in contravention of Code. 

Allman Trading

Product name: Pjur lubricants

ARTG number: ARTG 169826, 234657, 234658 & 234659

CRP complaint ID: 2016/08/004

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the at the Pjur lubricants website, was in contravention of:

  • Sections 4(6)(b)(i), 4(1)(b), 4(2)(c) and 4(2)(i) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw a particular claim or representation made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code

The Panel recommended the TGA issue a Regulation 9 Order as the advertiser failed to respond to the determination.

The Panel's determination can be found here

Recommendation received by the TGA: 26 April 2017

Investigation finalised by the TGA: 21 June 2017

Allman Trading had already made a number of amendments to the advertising prior to the complaint being referred to the TGA that improved the compliance of the advertisement. Following the TGA's investigation which included consultation with the advertiser, the advertiser:

  • further amended the advertisement to withdraw the particular claims and representations found to be in contravention of section 4(2)(i) of the Code.
  • Provided assurance not to use the particular claims and representations found to be in contravention of 4(6)(b)(i), 4(1)(b), 4(2)(c) and 4(2)(i) of the Code again.

Aspen Pharmacare Australia Pty Limited

Product name: Gastro-Stop and Gastro-Stop Plus

ARTG number: AUSTL 48935 AUSTL 201924

CRP complaint ID: 2015/06/021

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Gastro-Stop website, in the Post Script magazine and on displays appearing on buses and trains, were in contravention of sections 4(1)(b), 4(2)(a), 4(2)(c) and 4(5) of the Therapeutic Goods Advertising Code (the Code).

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw a particular claim or representation made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code.

The Panel recommended the TGA issue a Regulation 9 Order as the advertiser initially disputed the findings of the Panel.

The Panel's determination can be found here.

Recommendation received by the TGA: 2 April 2016

Investigation finalised by the TGA: 17 June 2016

​Following investigation by the TGA (which included consultation with the advertiser) it was identified that the matters raised by the Panel had been adequately addressed. Further, the advertiser provided assurance not to use the particular claims and representations found to be in contravention of the Code.

BioRestore Pty Ltd

Product name: HeadsUp

ARTG number: AUST L 214271

CRP complaint ID: 2015/03/002

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Biorestore website, was in contravention of:

  • Section 22(5) of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 4(6)(b), 5(1), 5(2) and 6(3) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • publish a retraction;
  • withdraw a particular claim or representation made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code

The Panel recommended the TGA issue a Regulation 9 Order as the advertiser failed to comply with all of the sanction outlined above.

The Panel's determination can be found here.


Recommendation received by the TGA: 10 May 2016

Investigation finalised by the TGA: 30 April 2017

Advertiser name had withdrawn its advertising prior to the complaint being referred to the TGA. Following the TGA's investigation which included consultation with the advertiser, the advertiser:

  • Provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code again.
  • Published a retraction on the Biorestore website.

Care Pharmaceuticals Pty Ltd

Product name: Aci-Jel Balance Gel Tube & Aci-Jel Restore

ARTG number: ARTG 13282 & 187854

CRP complaint ID: 2015/12/004

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Aci-Jel website was in contravention of:

  • Sections 22(5)and 42DL(1)(f) of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 4(2)(d) and 5(2) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw a particular claim or representation made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code

The Panel recommended that the TGA issue a Regulation 9 Order as the advertiser did not reply to the Panel's determination.

The Panel's determination can be found here.

Recommendation received by the TGA: 14 September 2016

Investigation finalised by the TGA: 26 October 2016

The TGA’s investigation (which included consultation with the advertiser) identified that the advertiser had amended or removed the representations found to be in contravention of the Act and the Code prior to receipt of the Panel’s recommendation by the TGA.

Caruso’s Natural Health Pty Ltd

Product name: Caruso’s Kids Calm and Behaviour

ARTG number: AUSTL 234012

CRP complaint ID: 2015/06/033

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published in the Body + Soul magazine, was in contravention of:

  • Sections 22(5) of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(a), 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 4(2)(d), 4(2)(e), 4(2)(g), 4(2)(h) and 5(2) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw a particular claim or representation made by the advertisement;
  • withdraw the advertisement;
  • publish a retraction;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code

The Panel recommended that the TGA issue a Regulation 9 Order as the advertiser failed to comply with all of the sanction outlined above.

The Panel's determination can be found here.

Recommendation received by the TGA: 24 February 2016

Investigation finalised by the TGA: 8 August 2016

Caruso's Natural Health Pty Ltd had already made a number of amendments to the complaint being referred to the TGA that improved the compliance of the advertisement.

Following investigation by the TGA (which included consultation with the advertiser) the advertiser: 

  • took further actions to ensure that their advertisement was compliant with the advertising code;
  • provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code.

A retraction was not pursued as the TGA was of the view that its publication would draw further undue attention to the unverified claims.

Doward International Pty Ltd Caroline’s Skincare Pty Ltd

Product name: Caroline’s Lip Balm

ARTG number: 209560

CRP complaint ID: 2015/04/003

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Doward International website, was in contravention of:

  • Section 41ML of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 4(2)(e) and 6(3)of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw a particular claim or representation made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code.

The Panel recommended that the TGA issue a regulation 9 Order as the advertiser failed to comply with all of the sanctions outlined above.

The Panel's determination can be found here.

Recommendation received by the TGA: 18 April 2016

Investigation finalised by the TGA: 5 July 2016

​Following investigation by the TGA (which included consultation with the advertiser) it was identified that the product had ceased to be supplied and the advertisements had been withdrawn.

Earthed Choice Pty Ltd trading an Medchannel

Product name: Painmaster

ARTG number: ARTG 220278

CRP complaint ID: 2015/06/017

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Painmaster website, was in contravention of:

  • Section 41ML of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 4(2)(g), 4(5), 4(6)(b), 4(7), 5(2), 6(3)(c) and 6(3)(d) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • publish a retraction;
  • withdraw a particular claim or representation made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code

The Panel recommended the TGA issue a Regulation 9 Order as, although the advertiser had made some concession that the advertisement was in breach of the Code, they comply with some of the sanctions outlined above.

The Panel's determination can be found here.


Recommendation received by the TGA: 29 April 2016

Investigation finalised by the TGA: 19 August 2016

​The advertiser had already made a number of amendments to the advertising prior to the complaint being referred to the TGA that improved the compliance of the advertisement. Following the TGA's investigation which included consultation with the advertiser, the advertiser:

  • further amended the advertisement to withdraw the particular claims and representations found to be in contravention of advertising requirements.
  • Provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code again.

A retraction was not pursued due to the prolonged time between the date of receipt of the complaint and the referral to the TGA. 


EasyCure Technologies Pty Ltd

Product name: B-Cure Laser

ARTG number: ARTG 218568

CRP complaint ID: 2015/10/005

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the B-Cure Laser website, was in contravention of:

  • Sections 41ML of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 4(2)(g), 4(2)(h), 4(6)(b), 5(2) and 6(3) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw a particular claim or representation made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code

The Panel recommended the TGA issue a regulation 9 order as, although the advertiser made some submissions in relation to the requested sanctions, they did not comply with all of the sanctions outlined above.

The Panel's determination can be found here.

Recommendation received by the TGA: 25 May 2016

Investigation finalised by the TGA: 3 April 2017

The advertiser had already made some amendments to the advertising prior to the complaint being referred to the TGA that improved the compliance of the advertisement. Following the TGA's investigation which included consultation with the advertiser, the advertiser:

  • Further amended the advertisement to withdraw the particular claims and representations found to be in contravention of the Act and the Code.
  • Provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code again.


Herbs of Gold Pty Ltd

Product name: Multiple products – Herbs of Gold website

ARTG number: Multiple ARTG entries

CRP complaint ID: 2016/07/008

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Herbs of Gold website, was in contravention of:

  • Section 22(5) of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 5(1), 5(2) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • publish a retraction;
  • withdraw the representations made by the advertisement;
  • provide a written undertaking not to use that claim or representation in any other advertisement unless the advertiser satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, the Regulations or the Code.

The Panel recommended the TGA issue a Regulation 9 Order as the advertiser failed to comply with the sanctions outlined above.

The Panel's determination can be found here.


Recommendation received by the TGA: 23 February 2017

Investigation finalised by the TGA: 23 June 2017

Herbs of Gold had already made a number of amendments to the advertising that improved the compliance of the advertisement prior to the complaint being referred to the TGA. Following the TGA's investigation which included consultation with the advertiser, the advertiser:

  • Provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code again.
  • Published a retraction on the Herbs of Gold website.

Pages