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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.

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Complaint resolutions

Displaying 11 - 20 of 32

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

Homart Pharmaceuticals Pty Ltd

Product name: Spring Leaf Wild Red Krill Oil Complex

ARTG number: AUST L 217085

CRP complaint ID: 2015/07/008

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Homart 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)(c), 4(2)(d), 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;
  • withdraw particular claims or representations made by the advertisement;
  • provide a written undertaking not to use those claims or representations in any other advertisement unless the advertiser satisfies the Panel that the use of those claims or representations 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: 28 April 2016

Investigation finalised by the TGA: 24 October 2016

Prior to the complaint being referred to the TGA, the advertiser had made a number of amendments that improved the compliance of the advertising of the product. Following investigation by the TGA (which included consultation with the advertiser), the advertiser:

  • Further amended the advertising to withdraw the particular claims and representations found by the Panel to be in contravention of the Act and the Code; and
  • Provided assurance that they would not use the particular claims and representations found by the Panel to be in contravention of the Act and the Code again. 


Homart Pharmaceuticals Pty Ltd

Product name: Spring Leaf Inner Beauty Collagen Plus

ARTG number: AUST L 133330

CRP complaint ID: 2016/07/009

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Homart Pharmaceuticals 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)(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 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: 25 May 2016

Investigation finalised by the TGA: 15 July 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 the Act and the Code, and  
  • Provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code again


Le Reve Pty Ltd

Product name: Products referred to in the Essential Oils recipe finder

ARTG number: Multiple ARTG entries

CRP complaint ID: 2015/05/016

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

  • Sections 42DL(1)(a) and 42DL(1)(c)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) 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;
  • publish a retraction.

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: 19 April 2016

Investigation finalised by the TGA: 3 March 2017

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 investigation by the TGA (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.
  • Published a retraction on the website home page for 90 days.

Marco Soldatic Enterprises Pty Ltd

Product name: Forelife Fertility Care Lubricant

ARTG number: 136451

CRP complaint ID: 2015/05/027

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Forelife 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 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: 22 February 2016

Investigation finalised by the TGA: 3 February 2017

Marco Soldatic Enterprises Pty Ltd 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:

  • further amended the advertisement to withdraw the particular claims and representations found by the Panel to be in contravention of Code, and
  • provided assurance that they would not use the particular claims and representations found by the Panel to be in contravention of the Code in any future advertising. 

Medi-Rent Pty Ltd

Product name: Osteotron IV

ARTG number: ARTG 206170

CRP complaint ID: 2015/11/003

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

  • Section 41ML of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(c), 4(2)(i), 4(4), 4(5), 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;
  • 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: 14 September 2016

Investigation finalised by the TGA: 17 February 2017

Medi-Rent Pty Ltd 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 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.
  • Published a retraction on Medi-rent website.

Medlab Pty Ltd

Product name: Multibiotic

ARTG number: AUSTL 227562

CRP complaint ID: 2015/04/025

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

  • Section 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(4), 5(1), 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 that the TGA issue a Regulation 9 Order as the advertiser failed to comply with some of the sanction outlined above.

The Panel's determination can be found here.

Recommendation received by the TGA: 3 March 2016

Investigation finalised by the TGA: 19 August 2016

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

  • 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.

Medlab Pty Ltd

Product name: NRGBiotic

ARTG number: AUSTL 227515

CRP complaint ID: 2015/04/027

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Medlab 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)(c), 4(4), 5(2)  and 6(3) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw particular claims and representations made in the advertisement;
  • provide a written undertaking not to use those claims or representations in any other advertisement unless the advertiser satisfies the Panel that the use of the claims or representations 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 some of the sanctions outlined in the Panel's determination.

The Panel's determination can be found here.


Recommendation received by the TGA: 3 March 2016

Investigation finalised by the TGA: 19 August 2016

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

  • amended the advertisement to withdraw the particular claims and representations found to be in contravention of the Act and the Code, and
  • provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code.
The TGA was satisfied that no further action was required in relation to the complaint. 

Medlab Pty Ltd

Product name: Enbiotic

ARTG number: AUSTL 227586

CRP complaint ID: 2015/04/023

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the MedLab 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)(c), 4(2)(d) 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 disputed the findings of the Panel.

The Panel's determination can be found here.

Recommendation received by the TGA: 3 March 2016

Investigation finalised by the TGA: 19 August 2016

Following the TGA's investigation (which included consultation with the advertiser) the advertiser agreed to:

  • amended the advertisement to withdraw the particular claims and representations found by the Panel to be in contravention of the Act and the Code, and  
  • provided an assurance they would not use those particular claims and representations again.


NRC Nutrition Pty Ltd

Product name: Naturopath’s Best Products: • Prenatal Trimester One • Prenatal Trimester 2 & 3 • Preconception Multi for Women • Preconception Multi for Men

ARTG number: AUSTL 276234, 276235, 279785 & 280337

CRP complaint ID: 2016/08/023

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

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

The Panel requested the advertiser to:

  • withdraw the advertisements from further publication;
  • to withdraw all the representations found above to be in breach of the Act and Code, including, but not limited to, any representations that:
  • to give a written undertaking not to use the representations in (b) above in any other advertisement; 

The Panel's determination can be found here.

Recommendation received by the TGA: 27 March 2017

Investigation finalised by the TGA: 7 July 2017

​NRC Nutrition had withdrawn its advertising prior to the complaint being referred to the TGA.

Nature’s Care Manufacture Pty Ltd

Product name: Healthy Care Evening Primrose Oil

ARTG number: AUSTL 121544

CRP complaint ID: 2015/06/032

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Healthy Care Australia 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(4), 4(6)(b), 5(2), 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, although the advertiser agreed to amend the advertisement, they did not comply with all of the requested sanctions, including the publication of a retraction.

The Panel's determination can be found here.

Recommendation received by the TGA: 2 May 2016

Investigation finalised by the TGA: 2 March 2017

Nature's Care Manufacture Pty Ltd had amended the advertisement prior to the matter being referred to the TGA. Following the TGA's investigation, which included consultation with the advertiser, the advertiser:

  • Added the applicable mandatory statements.
  • Provided assurance not to use the particular claims and representations found to be in contravention of the Act and the Code in any other advertising.
  • Published a retraction on product web page.

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