The Therapeutic Goods Administration (TGA) has issued two infringement notices totalling $25,200 to Sydney-based company Pfeffer Contracting Pty Ltd for alleged unlawful advertising in relation to COVID-19.
Advertisements on the company’s website for a test kit and surgical masks allegedly referred to COVID-19. Under the (the Act), any claims or references to COVID-19 (and related terms) about therapeutic goods are restricted representations. A refers to a serious form of a disease, condition, ailment or defect. The use of restricted representations in advertisements for therapeutic goods is unlawful without an approval or permission from the TGA.
Advertisements of this nature are of significant concern to the TGA given the current pandemic. The TGA has published .
The TGA takes action against advertising breaches
The regulatory scheme is important to the safety of Australian consumers and the TGA investigates suspected illegal activity in relation to therapeutic goods. A are available and where necessary, this may include criminal or civil court proceedings, which can result in substantial penalties, fines or imprisonment.
Any person, including businesses, advertising therapeutic goods to consumers must comply with the . The TGA encourages people to report suspected non-compliant advertising via its .
The TGA website includes tips for consumers about .
