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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 21 - 30 of 32

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

Petrus Pharmaceuticals

Product name: Mag-Sup 500mg

ARTG number: AUSTL 136315

CRP complaint ID: 2013/04/007

On 26 April 2013, the Panel issued a determination to Petrus Pharmaceuticals Pty Ltd in relation to the advertising of Mag-Sup. On 6 May 2013, the advertiser indicated to the Panel their intention to comply with the determination. On 26 May 2016, the Panel received a new complaint which indicated that the advertiser had not complied with the initial determination.

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Petrus website and published in Retail Pharmacy magazine, was in contravention of sections 4(1)(b), 4(2)(a), 4(2)(c), 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 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: 29 July 2016

Investigation finalised by the TGA: 17 February 2017

The advertiser 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 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 Code.
  • Provided assurance not to use the particular claims and representations found to be in contravention of the Code.


Pjur Group Australia

Product name: Pjur Lubricants

ARTG number: ARTG 234657, 234658 & 234659

CRP complaint ID: 2016/10/003

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

Sections 4(1)(b), 4(2)(c), 4(2)(g), 4(2)(h), 4(4), 4(5), 4(6)(b)(iii) 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;
  • where the representation has been provided to other parties such as retailers or website publishers, and where there is a reasonable likelihood that the representation has been published or is intended to be published by such parties, to advise those parties that the representation(s) should be withdrawn; and,
  • within 14 days of being notified of this request, to provide evidence to the Panel of its compliance, including a response in writing that it will comply with the Panel's sanctions, and where appropriate, supporting material such as copies of instructions to advertising agents or publishers, or correspondence with retailers and other third party advertisers.

The Panel recommended the TGA issue a Regulation 9 Order as the advertiser failed to comply the sanctions related to the name of the product.

The Panel's determination can be found here

Recommendation received by the TGA: 28 April 2017

Investigation finalised by the TGA: 5 June 2017

​Pjur Group Australia had withdrawn its advertising prior to the complaint being referred to the TGA. 

Plunkett Pharmaceuticals

Product name: John Plunkett’s Eczema Cream

ARTG number: AUSTL 203306

CRP complaint ID: 2015/06/010

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the John Plunkett website and associated Facebook page, was in contravention of:

  • Section 22(5) of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(2)(a), 4(2)(c) 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.

Although the advertiser had addressed some of the matters raised, the Panel recommended the TGA issue a Regulation 9 Order as the advertiser failed to 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 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 of the Act and the Code.

Reckitt Benckiser Australia Pty Ltd

Product name: Durex Play products

ARTG number: 176360, 203887 & 96194

CRP complaint ID: 2015/02/012

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Durex website, was in contravention of sections 4(1)(b), 4(2)(a), 4(2)(c), 4(2)(g), 4(2)(i), 4(4) 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 failed to address all of the matters raised by the Panel.

The Panel's determination can be found here.

Recommendation received by the TGA: 29 July 2016

Investigation finalised by the TGA: 11 August 2016

 Reckitt Benckiser Australia Pty Ltd had already adequately addressed a number of the matters raised by the Panel prior to the complaint being referred to the TGA. 

Following TGA investigation (including consultation with the advertiser) the advertiser further agreed to:

  • Amended the advertisement to withdraw the particular claims and representations found to be in contravention of  the Code
  • Provided assurance not to use the particular claims and representations found to be in contravention of the Code

Swisse Wellness Pty Ltd

Product name: Swisse Men’s Ultivite

ARTG number: AUST L 218375

CRP complaint ID: 2016/06/018

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Swisse website was in contravention of sections 4(1)(b), 4(2)(a), 4(2)(c), 4(4), 4(6)(b), 5(2), 6(3)(c) and 6(3)(d) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • to withdraw the advertisement from further publication;
  • to withdraw the representations noted above as having breached the Code;
  • not to use the representations in (b) above in any other advertisement;
  • where the representation has been provided to other parties such as retailers or website publishers, and where there is a reasonable likelihood that the representation has been published or is intended to be published by such parties, to advise those parties that the representation(s) should be withdrawn.

The Panel's determination can be found here.

Recommendation received by the TGA: 22 February 2017

Investigation finalised by the TGA: 7 July 2017

On investigation by the TGA it was identified that Swisse had withdrawn its advertising prior to the complaint being referred to the TGA.

Tom McArthur Pty Ltd trading as McArthur Natural Products

Product name: McArthur Natural Products: • Wounds & Burns Cream; • Eczema Cream; • Muscle Aches and Pain Cream; • Psoriasis, Dermatitis & Rashes Cream; • Arthritis Cream.

ARTG number: ARTG 235529, 235530, 235531, 235534 & 235536

CRP complaint ID: 2015/07/016

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the McArthur Natural Products 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)(d), 4(2)(i), 4(5), 4(6)(b), 4(7), 5(2), 6(3) of the Therapeutic Goods Advertising Code (the Code).

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw any representations that were found to have breached the Act and Code;
  • provide a written undertaking not to use those claims or representations in any other advertisement;
  • where representations had been provided to other parties such as retailers or website publishers, and where there was a reasonable likelihood that the representations had been published or were intended to be published by such parties, to advise those parties that the representations should be withdrawn. 

The Panel recommended the TGA issue a Regulation 9 order as the advertiser failed to comply with all of the sanctions, including publication of a retraction.

The Panel's determination can be found here.

Recommendation received by the TGA: 5 July 2016

Investigation finalised by the TGA: 31 May 2017

Following the TGA's 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 that it would not use the claims and representations found to be in contravention of the Act and the Code again;
  • published a retraction containing a text agreed between the advertiser and the TGA on the advertiser's website.

Tom McArthur Pty Ltd trading as McArthur Natural Products

Product name: McArthur Natural Products: Wounds & Burns Cream; Eczema Cream; Muscle Aches and Pain Cream; Psoriasis, Dermatitis & Rashes Cream; Arthritis Cream

ARTG number: 235529, 235530, 235531, 235534, 235536

CRP complaint ID: 2015/07/017

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the McArthur Natural Products Facebook page 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)(d), 4(5), 4(6)(b), 4(7), 5(2) and 6(3) of the Therapeutic Goods Advertising Code (the Code)

The Panel requested the advertiser to:

  • withdraw the advertisement;
  • withdraw any representations that were found to have breached the Act and Code;
  • provide a written undertaking not to use those claims or representations in any other advertisement;

The Panel recommended the TGA issue a Regulation 9 order as the advertiser failed to comply with all of the sanctions.

The Panel's determination can be found here.


Recommendation received by the TGA: 5 July 2016

Investigation finalised by the TGA: 31 May 2017

Following the TGA's 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 that it would not use the claims and representations found to be in contravention of the Act and the Code again.

Unichi Wellness Pty Ltd

Product name: Unichi Wellness Rosehip Extract Complex

ARTG number: AUST L 272743

CRP complaint ID: 2016/07/003

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published in Women's Health and Fitness magazine, was in contravention of:

  • Sections 22(5) and 42C of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(c), 6(3)(c), 6(3)(d) and 6(4) 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 agreed to withdraw the advertisement, their response did not specifically address the matters raised by the Panel.

The Panel's determination can be found here.

Recommendation received by the TGA: 22 February 2017

Investigation finalised by the TGA: 4 April 2017

Unichi Wellness Pty Ltd had withdrawn its advertising prior to the complaint being referred to the TGA. Following consultation with the TGA, the advertiser 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.

VITAM8 Pty Ltd

Product name: Revivol

ARTG number: AUST L 256352

CRP complaint ID: 2016/07/015

​The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the online version of the August 2016 Men's Fitness Magazine was in contravention of:

  • Section 22(b) of the Therapeutic Goods Act 1989 (the Act)
  • Sections 4(1)(b), 4(2)(a), 4(2)(c), 4(2)(h), 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 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 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: 2 June 2017

VITAM8 PTY LTD had withdrawn the advertisement prior to the complaint being referred to the TGA.

White Light Energy Pty Ltd and Essential Leadership Pty Ltd (an agent for PowerTube through White Light Energy Pty Ltd)

Product name: PowerTube

ARTG number: 239818

CRP complaint ID: 2016-03-010


The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Powertube 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)(d), 4(2)(f), 4(2)(h), 4(2)(i), 4(4), 4(5),4(6)(b), 5(1), 5(2), 6(3)(c), 6(3)(d) of the Therapeutic Goods Advertising Code 2015 (the Code). 

The Panel requested the advertiser to:

  • withdraw the advertisement from further publication;
  • withdraw any representations found by the Panel to constitute breaches of the Code;
  • publish a retraction.

The Panel recommended that the TGA issue a Regulation 9 Order as the advertiser did not provide a response that addressed the specific breaches outlined by the Panel. Further, a retraction was not published by the advertiser.

The Panel's determination can be found here.

Recommendation received by the TGA: 25 October 2016

Investigation finalised by the TGA: 13 April 2017

The advertiser ceased advertising the device and closed down the website which contained the advertisement. Its agent Essential Leadership Pty Ltd also closed down its website. As the website was closed, it was agreed between the advertiser and the TGA that instead of a retraction being published on the website, the advertiser would email the retraction to each of the consumers who purchased the device through the advertiser's website.

The advertiser also cancelled of the entry of the device on the Australian Register of Therapeutic Goods (ARTG). 

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