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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 31 - 32 of 32

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

Whitsunday Health Clinic

Product name: Metagenics Thyrobalance

ARTG number: AUSTL 151768

CRP complaint ID: 2015/09/009

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the Whitsunday Health Clinic Facebook page, was in contravention of:

  • Section 22(5) of the Therapeutic Goods Act 1989 (the Act)
  • Section 4(1)(b), 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 removed the offending Facebook post, the Panel referred the matter to the TGA as a full response to the complaint had not been received.

The Panel's determination can be found here

Recommendation received by the TGA: 29 July 2016

Investigation finalised by the TGA: 24 October 2016

​Following investigation (which included consultation with the advertiser) the TGA identified that the offending Facebook post had been removed shortly after the complaint was recorded. Further, the advertiser provided assurance to the TGA that the claims and representations found to be in breach would not be used in any other advertising.

eBay seller ftw169

Product name: Happy Ears Ear Candles

ARTG number: 137665

CRP complaint ID: 2016/01/014

The Complaints Resolution Panel (the Panel) was satisfied that the advertisement, published on the website www.ebay.com.au (eBay store: ftw169), was in contravention of sections 4(1)(b), 4(2)(a), 4(2)(c), 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 the advertisement;
  • to withdraw the representations noted above as having breached the Code, including any reference to product safety or any government endorsement;
  • not to use the representations 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;
  • 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, 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 that 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: 30 November 2016

Investigation finalised by the TGA: 7 July 2017

eBay Store ftw169 had withdrawn its advertising and ceased supplying the product prior to the complaint being referred to the TGA.


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