The TGA has issued two infringement notices totalling $26,640 to Melbourne-based online retailer Epharmacy Group Pty Ltd (Epharmacy Group), trading as ePharmacy.
The fines were issued for the alleged unlawful advertising of Fatblaster Clinical, a complementary medicine cancelled from the Australian Register of Therapeutic Goods (ARTG).
In December 2020, Epharmacy Group allegedly advertised a therapeutic good known as Fatblaster Clinical capsules, on two pages of its ePharmacy website. Fatblaster Clinical was not listed in the ARTG at the time of advertising, as the TGA cancelled the entry 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).
Epharmacy Group was one of fifteen retailers issued with cease and desist notices in relation to the alleged unlawful advertising of Fatblaster Clinical.
Advertisers are responsible for ensuring their therapeutic goods advertising is compliant with the Act. 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.