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Canberra individual fined $2,664 for alleged unlawful advertising

The Therapeutic Goods Administration has issued an infringement notice for $2,664 to an individual from Canberra, for a breach of the Therapeutic Goods Act 1989 in relation to the alleged unlawful advertising of a homoeopathic medicine with COVID-19 claims.

The individual allegedly promoted, on their website, a homoeopathic immunisation product that contained a representation that the product provided ‘a more competent immune response to the Covid-2 virus, and also to those who [are] presenting with post Covid symptoms’. The advertisement further stated that the product was made from ‘the SARS Covid-2’.

The alleged advertising was unlawful because it made representations in relation to COVID-19. Any claims or references about therapeutic goods concerning the prevention or treatment of a serious form of a disease, condition, ailment or defect are restricted representations.

Under the Act, the use of restricted representations in advertisements for therapeutic goods is unlawful without the prior authorisation of the TGA. In this case, no relevant authorisation had been granted for the advertised claims.

The TGA was also concerned that the advertisement may result in Australians delaying vaccination in reliance on an unapproved product.

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