Here’s their press launch on the topic date 23 June 2020. The query is who’ve they written to? There’s solely a handful of comapnies with permission in Australia to promote medicinal cannabis and it appears as these remaining non-compliant are in for a shock in the event that they don’t get with the program!
The Therapeutic Goods Administration (TGA) has commenced a review of complaints acquired alleging non-compliant advertising of medicinal cannabis products to the public.
The TGA has written to a quantity of entities in relation to non-compliance with the legislation with instruction to stop illegal behaviour.
The majority of respondents have introduced themselves into compliance. For those who haven’t, we’re contemplating applicable motion.
The TGA’s compliance focus is three-fold. First, some medicinal cannabis products being provided for provide might not meet the identical requirements of high quality and security as products which have the applicable approvals beneath the Narcotic Drugs Act 1967 and the Therapeutic Goods Act 1989 (“TG Act“) and Customs (Prohibited Imports) Regulations 1956.
We are therefore prioritising complaints where consumers may be at risk because the medicinal cannabis products offered for sale have not been through regulatory checks.
Second, the status of cannabis and its derivatives as substances in Schedule 4 or 8 of the Poisons Standard means that they cannot be advertised to the public. This means when entities publish information about medicinal cannabis, care needs to be taken to ensure the information does not promote its use or supply.
Finally, references to serious form of a disease, condition, ailment or defect are either restricted or prohibited representations that require the prior approval of the TGA before being used in an advertisement for a therapeutic good. Use of these representations without approval may also lead to a breach of the TG Act.
Reflecting the significance for public health, criminal offences and civil penalties apply to breaches of the TG Act. Criminal offences may also apply under State and Territory laws relating to the unlawful supply of “prescription only medicines” and “controlled drugs”.
More data on entry to medicinal cannabis products in Australia is on the market on the TGA website and from the Office of Drug Control. The TGA web site additionally has particular advertising guidance material for companies concerned with medicinal cannabis products.