The Therapeutic Goods Administration (TGA) has issued 45 infringement notices totalling $742,500 to InstantScripts Pty Ltd for alleged unlawful advertising of “prescription-only medicines in conjunction with the provision of telehealth services”.
The TGA announced InstantScripts “allegedly promoted the use and supply of medications such as antibiotics, insulin, blood thinners, and blood pressure and cholesterol medications”.
In a formal media release, the TGA emphasised “advertising prescription-only medicine directly to consumers is prohibited under the Therapeutic Goods Act 1989, as appropriate treatment options involving prescription medicines should be determined by a health professional in consultation with their patient”.
The TGA also stressed “advertising directly to consumers could create an inappropriate demand for these medicines by patients and lead to unnecessary or harmful prescribing”.
The TGA warned that, as a result, it “will take enforcement action where serious non-compliance with the Act is identified. This includes issuing fines and undertaking criminal or civil court proceedings against non-compliant entities.”
InstantScripts is owned by Australian retail conglomerate Wesfarmers, whose major subsidiaries also include Bunnings, K-Mart and Officeworks.
A Wesfarmers spokeswoman explained to AJP Daily “the allegations relate to matters that arose prior to Wesfarmers Health’s acquisition of InstantScripts in July 2023”.
She noted: “Wesfarmers Health identified these historic issues in its due diligence and has taken steps to address the TGA’s concerns.
“InstantScripts recognises it is the responsibility of health professionals, in consultation with patients, to determine appropriate treatment options, including in respect of prescription medications.”
The Wesfarmers purchase of InstantScripts for $135 million added to its growing Wesfarmers Health portfolio, which also includes Priceline, API and SilkLaser.
Meanwhile the TGA concluded its release with a public appeal: “If you suspect non-compliance in relation to therapeutic goods or their advertising, you can report it to the TGA at any time.” AMP
