The Therapeutic Goods Administration has launched legal action against four firms and a company director over allegations they advertised medicinal cannabis and unlawfully promoted its use for a range of medical conditions.
Proceedings have commenced in the federal court against AG Therapeutics, which operates telehealth platform Atlus, online news and lifestyle publication Mamamia, News Life Media and public relations firm Straight Up.
The TGA is also pursuing the sole director of AG Therapeutics, Dr Shimal Jobanputra.
The allegations relate to a marketing campaign which ran between August 2022 and September 2023.
The regulator alleges the companies collaborated on a campaign which unlawfully advertised medicinal cannabis on websites and social media pages and used a “range of euphemisms”, including ‘plant medicine’.
It also claims the campaign made restricted or prohibited representations by promoting the use of medicinal cannabis for the treatment of serious diseases, conditions or disorders.
TGA head Professor Anthony Lawler alleged that Atlus, Mamamia and News Life Media failed to heed “multiple warnings” in relation to their actions.
“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,” he said. “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”, court documents state.
Queensland-based Atlus is alleged to have unlawfully advertised medicinal cannabis on its website and social media pages and used a range of terms including cannabidiol, natural therapies and THC that all referred to medicines “that could only be lawfully prescribed by a doctor”, court documents state.
The Atlus website also allegedly promoted the use of medicinal cannabis for the treatment of “serious diseases, conditions or disorders” which is forbidden unless permission is given by the TGA.
Meanwhile, Mamamia and News Life, on its ‘Body + Soul’ website, allegedly published online articles that unlawfully advertised medicinal cannabis following a PR campaign by Atlus.
The TGA claims the articles included allegedly unlawful testimonials and endorsements, including a nurse in Mamamia’s article and a doctor in the article on the Body + Soul website.
The Body + Soul article was headlined ‘5 health conditions you didn’t know medical cannabis could help’ which the TGA alleged “asserted that medicinal cannabis could improve a wide range of symptoms and medical conditions”.
Additionally, the Mamamia article allegedly included a testimonial from a relative of a person involved in the marketing of medicinal cannabis at Atlus.
The TGA alleges Dr Jobanputra was an accessory to the unlawful advertising in the articles “because he facilitated their preparation and approved their publication”, while Atlus and Straight Up allegedly caused the unlawful advertising “by arranging for their publication”.
The TGA is seeking declarations and financial penalties against all five respondents.