The Dolphins National Rugby League club has worked with the Therapeutic Goods Administration (TGA), agreeing to remove Alternaleaf branding from its jerseys and on signages displayed at stadiums during its games.
This followed enquiries made by the TGA after it received reports of potential advertising issues that may have arisen from a partnership between the Dolphins club and Alternaleaf, a medicinal cannabis clinic.
The TGA recognises the impact of the rise of telehealth services, and has moved to further educate those involved around advertising requirements, especially in relation to prescription-only medicines.
The TGA has engaged productively with the Dolphins and broadcasters to provide guidance about advertising requirements relating to therapeutic goods, as part of our broader education, compliance and enforcement efforts to deter and disrupt unlawful advertising of medicinal cannabis.
While partnerships between sports teams and companies involved in the supply of therapeutic goods are not prohibited by the Therapeutic Goods Act 1989 (the Act), the advertising to the public of prescription-only medicines, including medicinal cannabis, is prohibited.
Advertising refers to any content that promotes the use or supply of the therapeutic good to the public, whether directly or indirectly.
“We are pleased that the Dolphins club has taken action to ensure any materials visible to the public during their games, including jerseys and signages, do not directly or indirectly promote the use or supply of medicinal cannabis,” Professor Anthony Lawler, Deputy Secretary of the Department of Health and Aged Care and head of the TGA, said.
As one of its compliance priorities, the TGA continues to take enforcement action to deter and stop unlawful advertising of medicinal cannabis. The TGA will often work with the responsible entity to provide education and advice to achieve compliance in the first instance, with avenues to escalate matters if necessary.
A recent example was legal action against Montu Group Pty Ltd, Alternaleaf Pty Ltd, and an individual for the alleged unlawful advertising of medicinal cannabis on websites and social media. This is a separate matter. The TGA does not intend to provide any further comment on Montu or Alternaleaf while the proceeding is before the courts.
Consumers, health professionals, and businesses can access medicinal cannabis education resources on the TGA website, which explain the advertising rules and legal access pathways.
The updated advertising guidance for businesses involved with medicinal cannabis products clarifies the application of the Act in relation to medicinal cannabis advertising.
Individuals can report suspected non-compliant advertising on the TGA website.
