What were they thinking at national retailer Lorna Jane Pty Ltd, which has been advertising that its 'anti-virus activewear' 'prevents and protects against infectious diseases', implicitly effective against COVID-19, bubonic plague and so forth.
The Therapeutic Goods Administration yesterday issued three infringement notices totalling $39,960 to Lorna Jane for alleged unlawful advertising in relation to COVID-19.
Advertising therapeutic goods is subject to regulations administered by the TGA, which has become much more vigorous as part of the national response to COVID.
The advertisement referred to therapeutic goods that were not included in the Australian Register of Therapeutic Goods (ARTG), a requirement before they can be lawfully supplied or advertised in Australia. Under the Act any reference to COVID-19 (and related terms) in promotion of the types of goods is a restricted representation (ie a reference to a serious form of a disease, condition, ailment or defect).
Use of restricted representations in advertisements for therapeutic goods is unlawful without a prior formal approval or permission from the TGA. It is also a breach of the Therapeutic Goods Advertising Code (No. 2) 2018 to promote a therapeutic good as being safe, harmless or without side-effects.
The Therapeutic Goods Administration yesterday issued three infringement notices totalling $39,960 to Lorna Jane for alleged unlawful advertising in relation to COVID-19.
This kind of advertising could have detrimental consequences for the Australian community, creating a false sense of security and leading people to be less vigilant about hygiene and social distancingLorna Jane launched its 'LJ Shield exclusive technology' with the claim that it had worked for two years to develop a 'chemical-free treatment that when applied to activewear, protects wearers against viruses and bacteria'. The amazing Shield - leggings and tops rather than a facemark (or even the alfoil beanie embraced by 5G conspiracists) 'keeps you protected from viruses and germs'. Uh huh.
LJ Shield breaks through the membrane shell of any toxic diseases, bacteria or germs that come into contact with it, not only killing that microbe but preventing it from multiplying into anymore.
Any bacteria that comes in contact with the fabric is terminated when it comes in touch with the LJ Shield particles.The TGA alleges that Lorna Jane represented its 'anti-virus activewear' for therapeutic use and therefore believes that it is a therapeutic good within the meaning of the Therapeutic Goods Act 1989 (Cth).
Advertising therapeutic goods is subject to regulations administered by the TGA, which has become much more vigorous as part of the national response to COVID.
The advertisement referred to therapeutic goods that were not included in the Australian Register of Therapeutic Goods (ARTG), a requirement before they can be lawfully supplied or advertised in Australia. Under the Act any reference to COVID-19 (and related terms) in promotion of the types of goods is a restricted representation (ie a reference to a serious form of a disease, condition, ailment or defect).
Use of restricted representations in advertisements for therapeutic goods is unlawful without a prior formal approval or permission from the TGA. It is also a breach of the Therapeutic Goods Advertising Code (No. 2) 2018 to promote a therapeutic good as being safe, harmless or without side-effects.
