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$26,640 penalty for alleged unlawful advertising of Liquim in relation to SARS-CoV-2 coronavirus

The TGA has issued two infringement notices totalling $26,640 to Perth-based company V P & Associates for alleged unlawful advertising of a medical device marketed for the prevention of "SARS-CoV-2 Human Coronavirus".

V P & Associates allegedly advertised, on the company's website, a plant-based nasal and oral solution called Liquim that claimed it has 99.9% effectiveness against SARS-CoV-2 Human Coronavirus. The product had not been approved for inclusion in the Australian Register of Therapeutic Goods as a preventative for SARS-CoV-2 Human Coronavirus.

Legislation prohibits advertising to the public for therapeutic goods that are not entered in the ARTG (unless a specific exemption, approval or authority applies). The inclusion of products in the ARTG through the regulatory approval process is an important safeguard to ensure the safety and satisfactory performance of medical devices supplied in Australia.

The TGA alleges that the advertising, on the company’s website, included a restricted representation that claimed Liquim is effective against SARS-CoV-2 Human Coronavirus. Any claims or references to preventing or treating a serious form of a disease, condition, ailment or defect are restricted representations.

Under the Act, the use of restricted representations in advertisements for therapeutic goods is unlawful without the prior authorisation of the TGA. No relevant authorisation has been granted for the advertised claims.

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