The Therapeutic Goods Administration (TGA) has commenced proceedings in the Federal Court of Australia against A.C.N. 641 483 703 Pty Ltd (in liquidation), formerly BioV8 Pty Ltd (BioV8), and its former directors, Edward McGill and Nicholas Austin. BioV8 is alleged to have unlawfully advertised prescription-only therapeutic goods, including peptides, in contravention of the Therapeutic Goods Act 1989 (Cth) (the Act).
The TGA alleges that between 6 June 2024 to 14 July 2025, BioV8 unlawfully advertised peptides, such as BPC-157, CJC-1295 and GHRP-6, on its website and social media pages.
BioV8 allegedly promoted the use of peptides for the treatment of serious diseases, conditions and disorders, including but not limited to cancer, HIV/AIDs and mental illnesses.
Such references are known as restricted representations or prohibited representations and are not allowed to be included in advertising for therapeutic goods unless an approval or permission is given by the TGA.
The TGA also alleges that Mr McGill and Mr Austin aided, abetted, counselled or procured the unlawful advertising by BioV8.
The TGA is seeking declarations and pecuniary penalties against the company, Mr McGill and Mr Austin.
As the former BioV8 company is now in liquidation, commencement of proceedings against it is subject to a grant of leave by the Federal Court.
