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Best Body Industries and Executive Officer fined almost $130,000

The Therapeutic Goods Administration has issued 8 infringement notices totalling $106,560 to Best Body Industries Pty Ltd, and 8 notices totalling $21,312 to an executive officer of the company, for allegedly advertising unapproved sports supplement products on their website.

It is alleged that the company and an executive officer knowingly advertised products that were not included on the Australian Register of Therapeutic Goods and contained prescription-only medicines including levodopa, which is used in the treatment of Parkinson’s disease.

Sports supplements were legally declared to be therapeutic goods in 2020 when they make therapeutic claims and contain scheduled substances or substances that may be prohibited for use in sport by the World Anti-Doping Authority. Sports supplements that contain undeclared or potentially harmful ingredients could cause serious health problems. It is also unlawful to advertise prescription-only medicines to the Australian public.

This action follows earlier court proceedings brought against Evolution Supplements Australia and its Director in which a penalty of $12 million was imposed by the Federal Court of Australia for illegally advertising sports supplements. The penalties imposed send a strong message to businesses that there are significant consequences for unlawfully advertising potentially dangerous sports supplements.

The TGA continues to take strong compliance and enforcement action to disrupt the unlawful import, manufacture, advertising and supply of unapproved performance and image enhancing medicines, which can include sports supplements.

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