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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. These substances, including DMAA - external site and DMBA, are of such danger to health they are banned from supply in Australia. The World Anti-Doping Agency - external site (WADA) has also banned these substances.
The Brisbane District Court convicted HealthHub247 on 35 charges for breaches of the Therapeutic Goods Act 1989 (the Act). The Director of HealthHub247, Mr Croucher, was convicted on a further 35 charges.
The sports supplements were advertised, on the company's website and social media platforms, as performance enhancing products. Sports supplements that make therapeutic claims must be entered in the Australian Register of Therapeutic Goods (ARTG) before they can be manufactured, advertised or supplied in Australia (unless an exemption or approval applies).
HealthHub247 and Mr Croucher pleaded guilty to all charges. Mr Croucher was sentenced to 12 months imprisonment and released on a two-year good behaviour bond. The Court noted that if not for Mr Croucher's serious ill-health, he would have served time in custody.
Regulation of sports supplements
Sports supplements is a large category of products that carry claims relating to sport, fitness or recreational performance. In Australia, a sports supplement, like many other products for oral consumption, can be classified in law as either a food or a medicine depending on the specific combination of ingredients, claims and overall presentation.
Under the Act, certain sports supplements that include higher-risk ingredients or are in the form of a tablet, pill or capsule are regulated as therapeutic goods (medicines).
The TGA has published information on sports supplements in Australia.
Sports Integrity Australia has also published advice on supplements in sport - external site.
Further information
On 29 July 2021, the Federal Court of Australia convicted Evolution Supplements Australia Pty Ltd and its director for the unlawful advertising of sports supplement products that had not been entered in the ARTG.
If you are considering buying health products online it is important to be careful. Products sold online that are not in the ARTG may be counterfeit, contain undeclared ingredients and could cause unexpected or severe adverse reactions.
If you suspect non-compliance in relation to therapeutic goods, you can report illegal or questionable practices online to the TGA.
The TGA encourages the reporting of suspected non-compliant advertising.