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MEPH Pharmacy fined $39,960 for the alleged unlawful advertising of nicotine vaping products

The Therapeutic Goods Administration has issued three infringement notices totalling $39,960 to Melbourne-based company MEPH Pharmacy Pty Ltd for alleged advertising breaches relating to nicotine vaping products.

It is alleged that MEPH Pharmacy Pty Ltd unlawfully advertised nicotine vaping products on their website and other social media accounts. Under the Therapeutic Goods Act 1989, nicotine vaping products are prescription only medicines (in Schedule 4 of the Poisons Standard) and cannot be advertised to the Australian public.

Those engaging in a business which involves the import, manufacture, supply or advertising of therapeutic goods are expected to be aware of the regulatory requirements in Australia, including the types of conduct that are prohibited.

Pharmacies who supply nicotine vaping products to consumers with a prescription are able to lawfully advertise this service if they meet the conditions in the relevant regulatory permission. The alleged unlawful advertising in this case was not consistent with the permission.

The TGA considers advertising breaches relating to nicotine vaping products a serious matter and is taking prompt and appropriate action to ensure compliance with the law. The TGA's nicotine vaping products compliance and enforcement plan sets out an intelligence-informed, risk-based approach to addressing non-compliance.

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