healthy finess young woman runner running on beautiful road

Lorna Jane fined almost $40,000 for claiming to have “anti-virus activewear”

Malcolm Campbell ||

Activewear retailer Lorna Jane has recently received infringement notices from the Therapeutic Goods Administration (TGA) totalling $39,960 for alleged unlawful advertising in relation to COVID-19. Lorna Jane allegedly claimed that its ‘anti-virus activewear’ prevents and protects against infectious diseases, implying it was effective against COVID-19.

The TGA took the view (as outlined in its press release) that:

  •  Lorna Jane represented that its ‘anti-virus activewear’ had a therapeutic use, making it a therapeutic good within the meaning of the Therapeutic Goods Act 1989 (the Act).  Such goods and the associated advertising of those goods are subject to regulations administrated by the TGA;
  • The advertisement referred to therapeutic goods that were not included in the Australian Register of Therapeutic Goods, which is a requirement before they can be lawfully supplied or advertised in Australia;
  • Under the Act, any references to COVID-19 (and related terms) are restricted representations and require a formal approval or permission from the TGA before they can be made; and,
  • It is also a breach of the Therapeutic Goods Advertising Code (No. 2) 2018 to promote a therapeutic good as being safe, harmless or without side effects.

The TGA has issued warnings to advertisers and consumers in relation to the COVID-19 pandemic, including reminding advertisers that it will take action in relation to illegal advertising of therapeutic products and that:

  • Criminal offence and civil penalty provisions apply to illegal advertising of therapeutic goods; and,
  • the TGA is monitoring non-compliance, particularly in relation to the advertising of products that claim to prevent or cure COVID-19 and it will take the necessary action in relation to those requirements.

This is a timely reminder that advertisers need to be careful when advertising therapeutic goods especially against the backdrop of a global pandemic and must ensure compliance with the Act and regulations at all times. Care must be taken to ensure that your business does not make false or misleading claims.

If you have any questions or concerns relating to any of the information in this blog or you require assistance, please do not hesitate to get in touch with a lawyer in Coleman Greig’s Commercial Advice team, who would be more than happy to assist you.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Help! My builder won’t finish the job – what do I do?

It’s normal for building projects to experience setbacks during construction.  However, in extreme cases your builder may suspend works and leave the site or disappear without explanation. This article will explain your available options if your builder won’t return to the site, and how to avoid the common pitfalls which may affect your rights against your builder.

Is your intellectual property secure?

Securing intellectual property (IP) is critical in today’s competitive and increasingly digital landscape. From innovative startups to established enterprises, big or small, safeguarding your business’ intellectual assets can help ensure sustained competitiveness, legal protection and set you up to capitalise on your unique creations.

Out with the old (section 260) and in with the new (Part IVA)

Part IVA overcomes deficiencies of section 260 of the Income Tax Assessment Act (ITAA), exposed by judicial decisions. Part IVA was introduced, albeit with limitations on scope, to provide an appropriate balance between combatting tax avoidance without discouraging commercial and familial transactions.

roles in the strata scheme
Understanding roles in the strata scheme

A strata scheme is a building or group of buildings that have been divided into lots which can be apartments, villas, offices, units or townhouses. This will be articulated in the strata plan.

Airbnb home
Can I put my home on Airbnb?

Airbnb is a form of short-term rental accommodation. To add your property to Airbnb in NSW, you are required to meet several laws and regulations governing short-term rentals.

liquidators required to seek approval
When are liquidators required to seek approval to retain legal counsel?

When does a liquidator (or the company he or she is appointed to) need court, creditor, or committee approval to validly retain a solicitor to act in a liquidation matter which is likely to extend for longer than three months?  The answer to this question has only recently been settled.

Lorna Jane fined almost $40,000 for claiming to have “anti-virus activewear”

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230