The TGA has issued four infringement notices totalling $53,280 to Melbourne-based online retailer CW IP Pty Ltd, trading as Chemist Warehouse and My Chemist (CW IP). The TGA issued the fines for alleged unlawful advertising of a complementary medicine.
In December 2020, CW IP allegedly advertised Fatblaster Clinical capsules, a therapeutic good, on four pages of its Chemist Warehouse and My Chemist websites. At the time of advertising, Fatblaster Clinical capsules were not entered in the Australian Register of Therapeutic Goods (ARTG). The TGA cancelled Fatblaster Clinical capsules from the ARTG on 20 December 2019.
Therapeutic goods cancelled from the ARTG cannot be advertised to Australian consumers. Advertisements promoting the use or supply of cancelled therapeutic goods (including complementary medicines such as vitamins and herbal products) breach the Therapeutic Goods Act 1989 (the Act).
CW IP was one of fifteen online retailers issued with cease and desist notices regarding the alleged unlawful advertising of the product.
Advertisers are responsible for ensuring their therapeutic goods advertising is compliant with the Act prior to release. Advertising of therapeutic goods by retailers (including online retailers) is subject to the same rules as the advertising conducted by the sponsors of the products in the ARTG.