The Therapeutic Goods Administration (TGA) has settled judicial review proceedings brought by InstantScripts in respect of infringement notices issued to it by the TGA.
On 14 November 2023, the TGA issued 45 infringement notices to InstantScripts for the alleged unlawful advertising of prescription-only medicines on its website.
On 15 March 2024, InstantScripts applied to the Federal Court for judicial review of the TGA's decisions to issue the infringement notices.
As a part of the settlement of the judicial review proceedings:
- the TGA has withdrawn the infringement notices issued to InstantScripts; and
- InstantScripts has agreed not to make material changes to the functionality of the online prescription service of its website until the earlier of 30 June 2025 or the publication of further guidance by the TGA in relation to the advertising of prescription medicines.
The TGA's decision to withdraw the infringement notices takes into account the need for the efficient resolution of the court proceedings and InstantScripts' ongoing efforts and commitments to amend its website to address the TGA's concerns and ensure compliance with the Therapeutic Goods Act 1989 (the Act).
The action the TGA took against InstantScripts forms part of its broader actions taken to address alleged unlawful advertising of prescription-only medicines, including in the online prescription industry. The TGA will continue to take strong enforcement actions to address unlawful advertising of therapeutic goods, consistent with our regulatory framework.
Businesses must understand their legal obligations under the Act before advertising therapeutic goods. For details about the legal framework for advertising and guidance on advertising therapeutic goods, please visit the TGA website.
