Australia's Therapeutic Goods Administration has initiated federal court proceedings against four companies and a company director, alleging they ran an unlawful advertising campaign promoting medicinal cannabis for various medical conditions.
The legal action targets AG Therapeutics, which runs telehealth platform Atlus, online news and lifestyle outlet Mamamia, News Life Media, and public relations agency Straight Up.
The TGA is also pursuing AG Therapeutics sole director Dr Shimal Jobanputra in the proceedings.
The allegations centre on a marketing campaign that ran from August 2022 through to September 2023.
The regulator contends the companies worked together on a campaign that unlawfully promoted medicinal cannabis across websites and social media, employing a "range of euphemisms" such as 'plant medicine' to describe the products.
The TGA further claims the campaign made restricted or prohibited representations by pushing the use of medicinal cannabis as a treatment for serious diseases, conditions, and disorders.
TGA chief Professor Anthony Lawler alleged that Atlus, Mamamia, and News Life Media disregarded "multiple warnings" about their conduct.
"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 across its website and social media channels, using terms including cannabidiol, natural therapies, and THC — all of which referred to medicines "that could only be lawfully prescribed by a doctor", according to court documents.
The Atlus website also allegedly promoted medicinal cannabis as a treatment for "serious diseases, conditions or disorders", which is prohibited without TGA approval.
Separately, Mamamia and News Life Media — via its 'Body + Soul' website — allegedly published online articles that unlawfully advertised medicinal cannabis as part of a PR push orchestrated by Atlus.
The TGA claims those articles contained allegedly unlawful testimonials and endorsements, including one from a nurse in the Mamamia piece and one from a doctor in the Body + Soul article.
The Body + Soul article, headlined '5 health conditions you didn't know medical cannabis could help', allegedly "asserted that medicinal cannabis could improve a wide range of symptoms and medical conditions".
The Mamamia article allegedly included a testimonial from a relative of someone involved in marketing 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 regulator is seeking declarations and financial penalties against all five respondents.
