Court action

• Aus Labs, Smart Labs, iSARMs and Director Christopher Ramsey plead guilty to over 200 charges for illegal manufacture, supply and advertising of SARMs and nootropics
  On 25 October 2022, Natural Franchises Pty Ltd pleaded guilty in a Sydney court to over 200 offences of the Therapeutic Goods Act 1989 for the manufacture, supply and advertising of unapproved therapeutic goods.
• Court proceedings initiated against Vapor Kings Pty Ltd and its director for alleged unlawful advertising of nicotine vaping products
  The TGA has commenced Federal Court proceedings against Vapor Kings Pty Ltd and its sole director for alleged unlawful advertising of nicotine vaping products.
• Court proceedings initiated against Prefixx Pty Ltd and its director for alleged unlawful advertising of nicotine vaping products
  The TGA has commenced court proceedings against Prefixx Pty Ltd and its sole director, Mr Brad Anthonisz, for alleged unlawful advertising of nicotine vaping products.
• FuturePro Pty Ltd and its Director convicted and sentenced for unlawful conduct relating to alternative medicines
  FuturePro was convicted and released on recognisance, its directior was convicted and fined $25,000.
• FuturePro Pty Ltd and its Director pleads guilty to illegal health claims and supply of bloodroot and gumby gumby alternative medicines
  Gold Coast company FuturePro Pty Ltd, trading as Inet Herbal, has pleaded guilty to seven breaches of the Therapeutic Goods Act 1989.

• Oxymed Australia Pty Ltd and director Malcolm Hooper ordered to pay $3 million for unlawful advertising of hyperbaric oxygen therapy devices
  Outcomes of the court action against Oxymed Australia Pty Ltd
• Court convicts HealthHub247 Pty Ltd and its Director for sports supplements offences
  HealthHub247 Pty Ltd (HealthHub247) and its Director have been convicted of the unlawful manufacture, counterfeit, advertising and supply of sports supplements that contain prohibited substances in the current Poisons Standard.
• Evolution Supplements Australia and its Director penalised total of $12 million for advertising illegal sports supplements
  The Federal Court of Australia has ordered Evolution Supplements Australia and its Director to pay $12 million

• Conviction for unlawful importation of cosmetic injectables following unpaid fines
  On 9 December 2020, the Magistrates' Court of Victoria convicted the woman on three charges of unlawful importation of therapeutic goods.
• Conviction for unlawful advertising of sports supplements
  On 29 July 2020, the ACT Magistrates Court convicted the former owner of a Canberra-based sports supplements company on four charges of unlawful advertising of therapeutic goods.
• Court proceedings commenced against HEALTHHUB247 and its director for alleged illegal activity relating to performance enhancing drugs
  Criminal court proceedings have been initiated in response to alleged breaches of the Therapeutic Goods Act 1989 by Brisbane-based company HEALTHHUB247 PTY LTD and its director.
• TGA initiates court proceedings against Oxymed Australia and director Malcolm Hooper for alleged unlawful advertising
  The TGA has initiated proceedings in the Federal Court of Australia in response to alleged unlawful advertising of hyperbaric oxygen therapy chambers by Oxymed Australia and its sole director, Mr Malcolm Hooper.
• Federal Court restrains MMS Australia from advertising and supplying MMS and DMSO
  The Federal Court of Australia has made orders restraining MMS Australia from advertising and supplying goods containing certain potentially dangerous substances, including the main chemical used to make 'Miracle Mineral Solution' (MMS), until a further hearing next week.
• TGA initiates court proceedings against MMS Australia and director Charles Barton for alleged unlawful advertising
  The TGA has initiated proceedings in the Federal Court of Australia in response to the alleged unlawful advertising of Miracle Mineral Supplement (MMS), dimethyl sulfoxide (DMSO) and other medicines by Southern Cross Directories Pty Ltd trading as MMS Australia.
• Federal Court of Australia grants interim injunction to prevent advertising by Evolution Supplements Australia
  The Federal Court of Australia (Federal Court) has granted an interim injunction to prevent Evolution Supplements Australia Pty Ltd (Evolution Supplements Australia) and its sole director, Mr Cumhur Keskin, from advertising specified therapeutic goods.
• Court proceedings commenced against Evolution Supplements Australia and its sole director for alleged advertising breaches
  The Secretary of the Department of Health has commenced proceedings in the Federal Court of Australia against Evolution Supplements Australia Pty Ltd (trading as Evolution Supplements Australia) and Mr Cumhur Keskin, the sole director and secretary of the company, for alleged breaches of the Therapeutic Goods Act 1989.

• $10 million penalty ordered against Peptide Clinics Pty Ltd for advertising breaches
  On 23 July 2019, The Federal Court found in the TGA's favour and applied a civil penalty to Peptide Clinics Australia Pty Ltd totalling $10 million for breaches of the mandatory rules for advertising of medicines, including the ban on advertising prescription-only medicines to the public.
• South Australian man faces criminal charges for dealing with counterfeit and unapproved medicines
  Following investigations by the Therapeutic Goods Administration (TGA) on 30 November 2018, the Adelaide Magistrates Court sentenced a South Australian man in relation to illegal acts involving counterfeit therapeutic goods

Conviction for criminal charges for dealing with unapproved medicines

Following investigations by the Therapeutic Goods Administration (TGA), on 15 May 2018, the Mackay Magistrates Court sentenced a Queensland based man in relation to 4 criminal charges of import therapeutic goods into Australia not included on the Australian Register of Therapeutic Goods (ARTG) under section 19B(4) and 4 criminal charges of supply therapeutic goods in Australia not included on the ARTG that would likely result in harm or injury under section 19B(2) of the Therapeutic Goods Act 1989 (Cth). The man was convicted and fined a total of $2,000 ($1,200 for the 19B(2) contraventions and $800 for the 19B(4) contraventions). The court ordered that the goods seized as evidential material be forfeited to the Commonwealth under Section 54 of the Therapeutic Goods Act 1989 (Cth).

Conviction for criminal charges for dealing with counterfeit medicines

Following investigations by the Therapeutic Goods Administration (TGA), on 8 May 2018, the Parramatta Local Court sentenced a Sydney based Australian Proprietary Company and its Director in relation to 1 criminal charge of supply counterfeit therapeutic goods under section 42E(1) of the Therapeutic Goods Act 1989 (Cth). The product, known as MME Naturally Maxman, is not approved for marketing in Australia and has been subject of a TGA alert (see MME Naturally Maxman capsules). The company was convicted and fined $4,400.

Conviction for criminal charges for dealing with unapproved therapeutic goods

On 12 July 2017 the Devonport (Petty) Court sentenced a man and woman in relation to 2 criminal charges each surrounding the manufacture and supply of unapproved therapeutic goods under section 19B(4) of the Therapeutic Goods Act 1989. The product, known as Black Salve, is not approved for marketing in Australia and has been the subject of TGA alerts (See Black and red salves in treating cancer and Black salve, red salve and cansema). The man and woman were convicted under the provisions of section 20(1) of the Crimes Act 1914 and fined $750 each. The court ordered that the goods seized as evidential material be forfeited to the Commonwealth under section 54 of the Therapeutic Goods Act 1989.

Conviction for criminal charges for dealing with unapproved and counterfeit medicines

Following investigations by the Therapeutic Goods Administration (TGA), a Sydney based company and its sole director, a man from Sans Souci, appeared in the Downing Centre Local Court (Sydney) on 8 November 2016. The Director entered pleas of guilty to two offences relating to the manufacture and supply of counterfeit medicines contrary to s. 42E(1) of the Therapeutic Goods Act 1989. The unapproved medicines in question were not TGA approved and are considered counterfeit as the label did not disclose the presence of a prescription-only ingredient. The company was fined $10,000 and the Director was placed on a two year good behaviour bond with $1,000 security by the Court. All therapeutic goods seized as evidential material by TGA Investigators were forfeited to the Commonwealth.

Conviction for criminal charges for dealing with unapproved therapeutic goods

On 3 December 2015, a Melbourne man appeared in the Ringwood Magistrates Court, Victoria on 8 criminal charges relating to dealing with unapproved therapeutic goods:

• 6 counts of importing therapeutic goods not included in the Australian Register of Therapeutic Goods (ARTG) contrary to section 19B(4) of the Therapeutic Goods Act 1989 (Cth) (the Act)
• 1 count of supplying therapeutic goods not included in the ARTG contrary to section 19B(4) of the Act
• 1 count of supplying counterfeit therapeutic goods contrary to section 42E of the Act.

The Magistrate ordered that in relation to the import charges and supply charges under section 19B, a single penalty be imposed - the man was convicted and fined $1,500.

In relation to the charge of supplying counterfeit therapeutic goods, the man was convicted and fined $500.

The man who now resides overseas voluntarily returned to finalise these matters. He had no previous convictions and entered a guilty plea.

The man was ordered to pay $117 in court costs and he was allowed 3 months to pay. The Magistrate also ordered that all of the imported goods seized by TGA investigators were forfeited.

Conviction for importation of counterfeit erectile dysfunction medicines

On 22 May 2015 the Adelaide Magistrates Court sentenced a 69 year old Adelaide man in relation to the importation of counterfeit erectile dysfunction medicines. The man pleaded guilty to one criminal charge under section 42E (1)(a)(iii) of the Therapeutic Goods Act 1989. The man was convicted and fined $4,000.

The goods seized as evidential material were forfeited to the Commonwealth under section 54 of the Therapeutic Goods Act 1989.

Conviction for criminal charges surrounding the manufacture, export and supply of unapproved therapeutic goods

On 13 February 2015 the Southport Magistrates Court sentenced a man in relation to 24 criminal charges surrounding the manufacture, export and supply of unapproved therapeutic goods under section 19B(4) of the Therapeutic Goods Act 1989. The product, known as Black Salve, is not approved for marketing in Australia and has been the subject of TGA alerts (See Black and red salves in treating cancer and Black salve, red salve and cansema). The man was convicted under the provisions of section 20(1) of the Crimes Act 1914 and released on security of $5,000 and by recognizance that he be of good behaviour for two years. The court ordered the man not to be in possession of restricted chemicals, not to manufacture, promote, advertise or supply Black Salve and that the goods seized as evidential material be forfeited to the Commonwealth under section 54 of the Therapeutic Goods Act 1989.

Conviction for criminal charges for dealing with unapproved and counterfeit medicines

Following an appeal by the Commonwealth Director of Public Prosecutions, two men were convicted the County Court of Victoria in Melbourne on 13 June 2014. Both respondents had been charged with eight criminal charges relating to their dealing with unapproved, and counterfeit medicines contrary the Therapeutic Goods Act 1989 (Cth) namely:

• 2 charges contrary to section 19B (1)(a)(i) (import of unapproved therapeutic goods); and
• 2 charges contrary to section 19B (1)(a)(iv) (supply of unapproved therapeutic goods); and
• 1 charge contrary to section 35 (1) (carrying out step in manufacture of therapeutic goods while not licensed to do so); and
• 1 charge contrary to section 42E (1)(a)(ii) (supply of counterfeit therapeutic goods); and
• 1 charge contrary to section 42E (1)(a)(i) (manufacture of counterfeit therapeutic goods); and
• 1 charge contrary to section 42E (1)(a)(iii) (import of counterfeit therapeutic goods).

Both men were released conditionally under paragraph 20 (1)(a) of the Crimes Act 1914 (Cth), that each respondent give security by recognisance of $750 and to be of good behaviour for two years.

Outcome of criminal prosecutions, from 1 August 2013

• 13 November 2013 - a company pleaded guilty in the Melbourne Magistrate's Court to the importation and supply of unapproved therapeutic goods contrary to subsection 19B(4) of the Act following an investigation by the Therapeutic Goods Administration. The company entered into an order and recognisance under Subsection 19B(1) of the Crimes Act 1914 with a recognisance of $25,000 on condition the company is to be of good behaviour for 12 months and to pay costs of the prosecution for the offences of $25,000 stayed until 11 February 2014.
• 7 November 2013 - a man was sentenced at the Downing Centre Local Court (Sydney) in relation to supplying counterfeit medicines contrary to section 42E of the Act following an investigation by the Therapeutic Goods Administration. The man was convicted and ordered to perform 350 hours of community service.
• 27 August 2013 - a man pleaded guilty at the Downing Centre Local Court (Sydney) to one count of importing unapproved weight loss medicines contrary to section 19B of the Act following an investigation by the Therapeutic Goods Administration. The man was ordered to pay a fine of $2,000 and to be of good behaviour for 2 years. The medicines seized by the TGA as evidence in the case were forfeited to the Commonwealth for destruction.