The TGA issued 21 infringement notices totalling $319,260 to 4 businesses and 3 individuals for the alleged unlawful advertising of prescription-only medicines, primarily for weight loss, on their websites.
It is alleged that each business unlawfully:
promoted the use and supply of prescription-only medicines including weight loss and erectile dysfunction medicines such as Ozempic, Saxenda and Viagra
advertised weight loss medicines outside of their approved use (indication)
stated that certain prescription-only medicines were TGA approved
stated that certain therapeutic goods were safe, contravening the Therapeutic Goods Advertising Code.
Name | Number of infringement notices | Total penalty |
Advert Digital Pty Ltd | 5 | $93,900 |
Eveadam Health Pty Ltd | 4 | $75,120 |
Chronic Therapy Pty Ltd | 4 | $75,120 |
Reda Compounding Chemist Pty Ltd and a NSW-based individual | 4 | $60,096 |
Victorian-based individual (sole trader) | 2 | $7,512 |
Victorian-based individual (sole trader) | 2 | $7,512 |
Nick Henderson, acting Deputy Secretary of the Department of Health and Aged Care said, “Advertising prescription-only medicines directly to consumers is prohibited under the Therapeutic Goods Act 1989 as it could create an inappropriate demand for these medicines and lead to unnecessary or harmful prescribing.
“Appropriate treatment options should be determined by a health professional in consultation with their patient,” Mr Henderson said.
“Since 2022, the TGA has issued several warnings that advertising Ozempic is prohibited. Further, Ozempic is only approved by the TGA for lowering blood sugar in adults with type 2 diabetes and cannot be advertised to treat any other conditions.”
The TGA reminds businesses that unlawful advertising of prescription-only medicines is a breach of the Act, for which significant penalties can apply, including fines, civil or criminal court action.
The TGA will continue to take enforcement action against alleged unlawful import, supply, manufacture and advertising of these products when such activities are detected.
Businesses have a responsibility to understand their legal obligations under the Act prior to advertising therapeutic goods.
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