The Therapeutic Goods Administration has issued infringement notices totalling $79,920 to Peter Evans Chef Pty Ltd. The TGA also issued a directions notice to the company and to sole Director, Peter Evans, for removal of alleged non-compliant advertising.
Fines were issued to the company for the alleged advertising of therapeutic goods that were not, at the time of advertising, included in the Australian Register of Therapeutic Goods. These include the 'BioCharger' device, hyperbaric oxygen therapy chambers and two oral medicines.
Under the Therapeutic Goods Act 1989 therapeutic goods, including medical devices and medicines, must be entered in the ARTG before they can be lawfully advertised in Australia, (unless a specific exemption, approval or authority applies).
Fines were also issued for the alleged advertising of static magnet products and hyperbaric oxygen therapy chambers that contained statements that implied the products were endorsed by a health professional.
It is a requirement of the Therapeutic Goods Advertising Code that therapeutic goods advertising does not imply that products are endorsed by health professionals, health practitioners or medical researchers.
In April 2020, the company was issued two infringement notices for alleged breaches of the Act in relation to the 'BioCharger' device. At that time the TGA issued a warning to the company about other products.
Due to the repeated nature of the alleged advertising breaches, the TGA has also issued a directions notice to Mr Evans and his company, to cease advertising therapeutic goods not entered in the ARTG and to discontinue making various claims about therapeutic products.