Suppliers of sport supplements in Australia are encouraged to check WADA's 2023 World Anti-Doping Code International Standard Prohibited List (Prohibited List) ahead of an update to the Therapeutic Goods (Declared Goods) Order 2019 (Declared Goods Order) on 1 March 2023.
This is the first time since 2020 that the Declared Goods Order has been amended to capture an update to the Prohibited List.
Thirty-one ingredients have been added to the Prohibited List since 2020, most of which are contained within the Australian Poisons Standard and are therefore already captured by the Declared Goods Order.
The ingredients not included in the current Poisons Standard have been assessed to be for therapeutic use, and therefore their inclusion in a sports supplement product means they are a therapeutic good under the Therapeutic Goods Act 1989.
The upcoming amendment to the Declared Goods Order to include the latest Prohibited List requires all products containing these ingredients to be entered on the Australian Register of Therapeutic Goods (ARTG) to be lawfully supplied in Australia.
Suppliers of products containing these ingredients, where they are not already included on the ARTG, must apply to have the products included in the ARTG, make amendments to the product to ensure it is not a therapeutic good, or remove the product from the Australian market.
The TGA encourages sports supplement product manufacturers, sponsors, retailers, and advertisers to review the 2023 Prohibited List against their product range and take action to ensure their products comply with the law.
Industry representatives and other key stakeholders were consulted on, and advised of the making of the Declared Goods Order, including through the July 2020 Regulation Impact Statement, when the TGA confirmed that any additions to the Prohibited List would require an update to the declaration.
The TGA routinely reviews advertising of sports supplement products, tests them for scheduled and prohibited ingredients and acts on any non-compliance identified. Non-compliance can result in the issuing of infringement notices, seizing of non-compliant products, and initiating civil or criminal court proceedings as appropriate.
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