The Therapeutic Goods Administration (TGA) has issued 11 infringement notices totalling $171,972 to Better Leaf Pty Ltd and an individual for the alleged unlawful advertising of medicinal cannabis on its website and social media platforms.
Nine infringement notices totalling $164,460 were issued to the company, and two infringement notices totalling $7,512 were issued to an individual.
It is alleged that the advertisements promoted the use or supply of medicinal cannabis and made references to the treatment of serious diseases or conditions such as post-traumatic stress disorder and epilepsy, without approval or permission from the TGA.
Such references in therapeutic goods advertising, known as ‘prohibited representations’ and ‘restricted representations’, are unlawful under the Therapeutic Goods Act 1989, unless approved by the TGA.
The TGA reminds businesses that medicinal cannabis products are prescription-only medicines and cannot be advertised to Australian consumers. This includes direct references to medicinal cannabis or indirect references, through abbreviations or acronyms (such as ‘THC’ and ‘CBD’) or the use of colloquialisms (such as ‘plant medicine’).
The TGA, as a priority, is taking strong enforcement action to deter and disrupt unlawful advertising of medicinal cannabis.
In the last 2 years, the TGA has commenced two civil penalty proceedings (including against Montu and CDA) and issued infringement notices totalling over $1.4 million to organisations and individuals for alleged unlawful advertising of medicinal cannabis.
Medicinal cannabis resources are available on the TGA website for consumers, health professionals and businesses that explain the advertising rules and legal access pathways.
If you suspect non-compliance in relation to therapeutic goods or their advertising, you can report it to the TGA at any time.
