In early January 2019, a South Australian man pleaded guilty to 11 criminal charges under the Therapeutic Goods Act 1989 (Cth) relating to illegal acts involving counterfeit therapeutic goods. The Adelaide Magistrates’ Court convicted the man of all charges including:
- dealing with counterfeit therapeutic goods in Australia;
- using a therapeutic good in reliance of advertising that causes harm or injury to a person;
- supplying therapeutic goods in Australia not included on the Australian Register of Therapeutic Goods (ARTG); and
- importing therapeutic goods not included on the ARTG for use in humans.
The man was sentenced to five months’ imprisonment, which was suspended upon the man entering into a two year good behaviour bond.
In a media release discussing the case, the Therapeutic Goods Administration (TGA) reminded the public of the seriousness of offences involving counterfeit therapeutic goods and the harm that can be caused by selling fake medicines. The TGA has powers to investigate and take strong action against individuals dealing with fake medicines.
The TGA also warned that to avoid counterfeit medicines, consumers should only buy therapeutic goods from reputable sellers such as pharmacies and supermarkets. Online marketplaces continue to present a risk to consumers as, in many cases, there is no way to establish the safety, quality and efficacy of the medicines sold. More guidance and information can be found on the TGA buying medicines and medical devices online web page.