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If the Secretary of the Department of Health is satisfied that a breach of the Therapeutic Goods Act has occurred, the Secretary may direct the advertiser to take steps to address non-compliant advertising, including:
- ceasing the advertisement
- making a retraction or correction
- recovering an advertisement in circulation
- destroying the advertisement
- ceasing to make a particular claim or representation made by the advertisement.
If the Secretary is satisfied that a representation in an advertisement about therapeutic goods is false or misleading, the Secretary may give a notice to the advertiser to prevent advertisements of the goods that include that representation.
Failure to comply with a direction or prevention notice may result in escalated regulatory action, including the commencement of civil proceedings or criminal prosecution.
All advertising directions and prevention notices issued to advertisers must be published on the TGA website.
2023
- Direction about advertisements: Pracmed Healthcare Pty Ltd
The TGA has issued a direction notice to Pracmed Healthcare Pty Ltd and its executive officer to cease advertising indications related to weight loss surgery and cognitive function. They were also directed to cease advertising a therapeutic good not entered in the Australian Register of Therapeutic Goods (ARTG). - Direction about advertisements: Melbourne-based individual (24 January 2023)
The TGA has issued a direction notice to a Melbourne-based individual to cease advertising of all nicotine vaping products.
2022
- Direction about advertisements: MDNE Enterprises Pty Ltd
The TGA has issued a direction notice to MDNE Enterprises Pty Ltd to cease promoting the use and supply of nicotine vaping products. - Direction about advertisements: Phenix Health Pty Ltd
The TGA has issued a direction notice to Phenix Health Pty Ltd to cease promoting the use and supply of nicotine vaping products. - Direction issued to 13 Vape Pty Ltd (1 July 2022)
The TGA has issued a direction notice to 13 Vape Pty Ltd and an executive officer to cease promoting the use and supply of nicotine vaping products. - Direction about advertisements: Precision Pharmaceuticals Pty Ltd (1 July 2022)
The TGA has issued a direction notice to Precision Pharmaceuticals Pty Ltd to cease advertisement and the promotion of use and supply of nicotine vaping products. - Prevention notice issued to Contract Manufacturing & Packaging Services Pty Ltd (4 March 2022)
The TGA has issued a prevention notice to Contract Manufacturing & Packaging Services Pty Ltd to prevent advertisement of false or misleading claims/representations in connection with Facia Premium.
2021
- Direction issued to Peter Evans Chef Pty Ltd (25 May 2021)
Peter Evans Chef Pty Ltd was directed to cease advertising therapeutic goods not entered into the Australian Register of Therapeutic Goods (ARTG) and to discontinue making various claims about therapeutic products. - Direction issued to Mr Leyonhjelm (5 February 2021)
Mr Leyonhjelm was directed to cease advertising a prescription medicine for the treatment of Covid-19.
2019
- Direction issued to Cat Media Pty Ltd (20 November 2019)
Cat Media Pty Ltd was directed to cease making claims or representations in connection with FatBlaster Clinical that imply that it can assist with weight loss, and cease using the image of the slim female torso. - Direction issued to Auzsupps Pty Ltd (6 August 2019)
Auzsupps Pty Ltd was directed to cease advertisements referring to Presciption medicines and illegal products.
Status: Complied with direction - Direction issued to ESR You Pty Ltd (6 August 2019)
ESR You Pty Ltd was directed to cease advertisements referring to Presciption medicines and illegal products.
Status: Complied with direction - Direction issued to Cumhur Keskin (23 January 2019)
Mr Keskin was directed to cease advertisements of Prescription and Illegal products including SARMs, DMAA and Cardarine.
Status: Court action to enforce compliance completed
2018
- Direction issued to Ken Murray (7 September 2018)
Mr Murray was directed to cease advertisement and making claims or representations for Gumby Gumby capsules
Status: Complied with direction