Australian regulator the TGA (Therapeutic Goods Administration) initiates legal action against News Corp Australia-owned News Life Media for advertising medicinal cannabis | Cannabis Law Report | Where to buy Skittles Moonrock online
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June 20 (Reuters) – An Australian regulator has initiated federal court proceedings against News Corp Australia-owned News Life Media and other firms for alleged illegal advertising of medicinal cannabis, it said on Friday.
The Therapeutic Goods Administration is seeking penalties against the companies, which include natural therapies provider AG Therapeutics, media outlet Mamamia.com.au, and public relations firm Straight Up PR.
News Corp Australia, a unit of News Corp (NWSA.O), opens new tab, did not immediately respond to a Reuters request for comments.
Articles published by News Life Media and Mamamia allegedly featured prohibited representations, testimonials, and endorsements from individuals like healthcare professionals and relatives, breaching advertising codes, the TGA said.
The regulator has also alleged that AG Therapeutics used euphemisms like “plant medicine” and promoted medicinal cannabis for treating serious conditions on its website and social media.
Under Australia’s Therapeutic Goods Act 1989, prescription medicines, including medicinal cannabis, cannot be advertised directly to the public without prior approval or permission from the TGA.
“We allege that AG Therapeutics, Mamamia and News Life had been warned on multiple occasions in relation to the alleged unlawful advertising of therapeutic goods,” said Anthony Lawler, the head of the regulator.
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The Therapeutic Goods Administration (TGA) has commenced proceedings in the Federal Court of Australia against AG Therapeutics Pty Ltd (trading as Atlus) and its sole director (Dr Shimal Jobanputra), Mamamia.com.au Pty Ltd (Mamamia), News Life Media Pty Ltd (News Life) and Straight Up PR Pty Ltd (Straight Up) for advertising medicinal cannabis in alleged contravention of the Therapeutic Goods Act 1989 (Cth) (the Act).
The TGA alleges that Atlus unlawfully advertised medicinal cannabis on its website and social media pages, including via a range of euphemisms, such as ‘plant medicine’. The Atlus website also allegedly promoted the use of medicinal cannabis for the treatment of serious diseases, conditions or disorders. Such references are known as restricted 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.
Further, Mamamia and News Life, on its website ‘Body + Soul’, allegedly published online articles that unlawfully advertised medicinal cannabis, following a public relations campaign by Atlus. The articles allegedly included several restricted and prohibited representations.
The TGA alleges that the articles also included testimonials and endorsements from individuals who were prohibited from giving them by the Therapeutic Goods Advertising Code, including a nurse in Mamamia’s article and a doctor in News Life’s article. Additionally, the Mamamia article allegedly included a testimonial from a relative of a person involved in the marketing of medicinal cannabis at Atlus.
Dr Jobanputra was allegedly an accessory to the unlawful advertising in the articles because he facilitated their preparation and approved their publication. Atlus and Straight Up allegedly caused the unlawful advertising in the articles by arranging for their publication.
Professor Anthony Lawler, Deputy Secretary of the Department of Health, Disability and Ageing and head of the TGA, said that “we allege that Atlus, Mamamia and News Life had been warned on multiple occasions in relation to the alleged unlawful advertising of therapeutic goods.
“Advertising prescription medicines to the public can create an inappropriate demand for these medicines and undermine the relationship between a patient and their treating health practitioner. Appropriate treatment options should be determined by a health professional in consultation with their patient.
“We continue to take enforcement action against the alleged unlawful import, export, supply, manufacture and advertising of therapeutic goods, including medicinal cannabis products”.
The TGA is seeking declarations and pecuniary penalties against Atlus, Mamamia, News Life, Straight Up and Dr Jobanputra.
Further information about the alleged advertising breaches can be found in the:
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