Following an investigation by the Therapeutic Goods Administration (TGA), part of the Federal Department of Health, criminal court proceedings have been initiated in response to alleged breaches of the Therapeutic Goods Act 1989 (the Act) by Brisbane-based company HEALTHHUB247 PTY LTD and its director.
The court will hear thirty-five charges in relation to the alleged manufacture, counterfeit, supply and advertising (across the company’s website, eBay, Facebook and Instagram) of performance enhancing products including Selective Androgen Receptor Modulators (SARMs).
Under the Act, the manufacture and supply of therapeutic goods that are likely to result in harm or injury to any person attracts a maximum penalty of 5 years imprisonment and/or a fine of $888,000 for offences occurring on or after 1 July 2020.
The Act also provides for similarly significant penalties for unlawful advertising and dealing with counterfeit goods where harm or injury is likely to result.
As part of the investigation, the TGA, in conjunction with the Australian Border Force (ABF), executed search warrants at two Queensland premises connected to the director of the business.
Evidence was seized comprising of products allegedly classified in the current Poisons Standard, which included Schedule 4 (prescription only medicines) and Schedule 10 substances (substances of such danger to health as to warrant prohibition of sale, supply and use).
“The TGA was concerned that the alleged actions of this company and its director could have resulted in serious harm to anyone using these products” Tracey Duffy, Acting Deputy Secretary of the Department of Health, said.
The TGA’s investigation into HEALTHHUB247 was part of Operation Centaurus which targets offences in relation to image and performance enhancing drugs.
The TGA takes action against unlawful activity
The regulatory scheme is critical to the safety of Australian consumers and the TGA investigates suspected illegal activity in relation to therapeutic goods. A range of compliance and enforcement tools are available and may include criminal or civil court proceedings, which can result in substantial penalties, fines or imprisonment.
If you suspect non-compliance, you can report illegal or questionable practices online to the TGA.
Any person, including businesses, advertising therapeutic goods to consumers must comply with the requirements for advertising. The TGA encourages people to report suspected non-compliant advertising via its advertising complaints form.
Visit the TGA website for tips about how to spot a dodgy health product.