The Therapeutic Goods Administration (TGA) has issued three infringement notices totalling $39,960 to Western Australian-based company Commcare (WA) Pty Ltd (trading as St Francis Pharmacy), for alleged unlawful advertising of medicinal cannabis in breach of the Therapeutic Goods Act 1989 (the Act).
Commcare (WA) allegedly made reference to medicinal cannabis in advertising on its website. In Australia, medicinal cannabis is regulated as a prescription medicine and cannot be advertised to the public.
It is alleged that the company also advertised, on a poster displayed in its shop, medicinal cannabis that was not entered in the Australian Register of Therapeutic Goods (ARTG) at the time of advertising.
It is further alleged that the company’s advertisement for medicinal cannabis on its Facebook page contained a restricted representation for the treatment of fibromyalgia. The company had not been granted relevant authorisation to refer to the serious condition in advertising.
All consumer advertising, including websites, social media and on-site advertising (e.g. banners, sandwich boards, posters, window decals and shop windows) must be compliant with the regulations surrounding the advertising of therapeutic goods which are in place for consumer protection.
The TGA has published a reminder about the supply and advertising controls on medicinal cannabis.
The TGA website includes information about medicinal cannabis. Please speak with your doctor if you have any questions about treatment of your health condition.
The TGA encourages the reporting of suspected non-compliant advertising.
If you suspect non-compliance in relation to therapeutic goods, you can report illegal or questionable practices online to the TGA.
