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Medicinal cannabis companies ‘undermined doctor–patient relationship’


Jolyon Attwooll


28/09/2022 4:08:05 PM

Almost $1 million in fines have been issued to companies for unlawfully advertising prescription-only medicinal cannabis products.

Person picking cannabis plants
The medicinal cannabis program in Australia first began in late 2016.

Three medicinal cannabis companies have been fined a combined total of almost $1 million for allegedly unlawful advertising.
 
The Therapeutic Goods Administration (TGA) announced a total of 73 infringement notices for MGC Pharmaceuticals, Cannatrek and Little Green Pharma for the unlawful promotion of their products, with fines totalling $972,360.
 
All three companies are licensed medicinal cannabis companies. However, the TGA stated that advertising for their products on their websites and social media platforms was against the law.
 
In a statement issued this week, the TGA says the companies promoted the use of prescription-only unapproved medicines that are not on the Australian Register of Therapeutic Goods.
 
The adverts also included ‘unapproved references’ about treating serious diseases and conditions, with some including mentions of cancer and epilepsy. Some advertising also ‘suggested or implied’ the approval of a government authority, the TGA stated.
 
‘Advertising of prescription-only medicines directly to consumers undermines the doctor–patient relationship and may create an inappropriate demand for particular medicines which may not be right for the individual,’ the TGA wrote.
 
‘Businesses can advertise prescription-only medicines exclusively to health professionals as long as those advertisements are not accessible to the public.’
 
Including claims about treating a serious disease or condition in advertising is also unlawful without TGA permission, with patients facing such illnesses described as ‘a particularly vulnerable consumer group’.
 
The medicinal cannabis program in Australia first began in late 2016, with a rapid growth in prescriptions issued since.
A streamlined process designed to give GPs more flexibility prescribing different products with the same active ingredient was introduced in 2018.
 
Recent research indicates that despite the program, most medicinal cannabis used in Australia remains illicit, with one survey showing that around 62% of consumers only used illicit cannabis.
 
In its statement about the recent infringements, the TGA described ensuring the lawful advertising and supply of medicinal cannabis as a priority.
 
The TGA has published guidelines for health professionals prescribing medicinal cannabis on its website.
 
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