Following pleading guilty in March, the Gold Coast company FuturePro Pty Ltd (FuturePro) and its Director Mr Darrell Charles Barnett have been convicted and sentenced in a Queensland court.
FuturePro and its director are guilty of advertising alternative medicine products that were not on the Australian Register of Therapeutic Goods (ARTG), and for a number of unlawful therapeutic claims including prevention and treatment of cancer. They were further guilty of importing, exporting, manufacturing and supplying these products, which included gumby gumby and bloodroot.
Mr Barnett was convicted and fined $25,000. FuturePro was convicted and released on recognisance. If the company conducts further illegal activity or fails to present for future court appearances, it will be fined a further $5,000.
Bloodroot and black salve are dangerous goods and pose a great risk to public health because:
- Sanguinaria canadensis (bloodroot) is used to make black salve which is a corrosive topical paste that can burn and destroy layers of skin and surrounding tissue, causing thick dark scarring
- Sanguinaria canadensis is a Schedule 10 banned substance under the current Poisons Standard. It is of such danger to health that it is prohibited from sale, supply and use in Australia
- there is no credible, scientific evidence to substantiate benefits of these products for the management of serious conditions including cancer.
The U.S. Food and Drug Administration has also warned consumers not to use dangerous black salve products.
Gumby Gumby may be used by Indigenous Australians as a food or a medicine; however, it is not permitted for use as a processed, encapsulated powder. It is therefore included as a therapeutic good and must comply with the requirements of the Therapeutic Goods Act 1989.
Businesses intending to be engaged in the promotion and supply of therapeutic goods should be aware of their obligations under Australia’s regulatory scheme prior to conducting that business. This includes those involved in the import, export, manufacture, supply and advertising of therapeutic goods.
The consequences of a criminal conviction can include restrictions on the ability to travel overseas (disclosure laws vary country to country), to obtain financing or insurance and to hold office of a company.
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.
