Complementary Medicines and Medical Devices:

New advertising code

New Therapeutic Goods Advertising Code commences 1 January 2022. Advertisers have until 30 June 2022 to transition to the new code. Key changes include simplifying mandatory statements, clarifying that paid or incentivised testimonials cannot be included in advertisements, expanded list of permitted product samples, various improved definitions, and prohibition of advertisements causing undue alarm, fear or distress.    Source: TGA

Large numbers of illegal nicotine vaping products seized in a joint TGA-ACT Health operation

Dangerous and prohibited ingredients were found in two out of every three nicotine vaping products tested after a joint operation resulting from consumer tip-offs. Six prohibited ingredients were found, including the flavouring agent diacetyl, which when inhaled can cause irreversible lung damage.    Source: TGA

New TGA website searching tool

Search by product name, AUST L or AUST R number, active ingredient, non-active ingredient, product sponsor. Trial version is available now at https://compliance.health.gov.au/artg/

Compliance enforcement

In our March 2020 newsletter we reported that the TGA had issued penalty notices to Oxymed Australia and its director Malcom Hooper totalling $63,000 for illegal advertising of hyperbaric oxygen therapy chambers as a cure for serious diseases. The penalty notices were not paid, so the matter was taken to the Federal Court of Australia, which has ordered Malcom Hooper and Oxymed Australia to pay fines totalling $3,000,000. Source: TGA

NSW individual fined $7,992 for alleged unlawful advertising of ivermectin and zinc for COVID-19. TGA

KL4 Pty Ltd (Medcure) fined $106,560 for alleged unlawful importation of Ayurvedic medicines. TGA

Compounded medicines and GMP

TGA has produced a draft updated guidance and is calling for comments.    Source: TGA also here

Warning on importation of counterfeit Ivermecitin

Laboratory testing has confirmed that Iversun-12, Covimectin-12, and Ivilife-12, labelled as containing 12 mg, contain less than what is declared on the labels. It is illegal to advertise the sale of ivermecetin and it is not permitted to be used in the treatment of COVID.    Source: TGA

First aid kits containing medicines and medical devices

First aid kits always contain at least one medical device, and therefore are regulated as medical devices.    Source: TGA

News story: “Inside the TGA”

Subtitled “Fake blood, artificial stomachs and state-of-the-art technology” this article was published in the press and is an interesting overview of the TGA’s activities, including additional testing done 7 days a week on surgical masks during the COVID pandemic. TGA staff includes 750 scientists, medical experts, engineers and pharmacists, former police officers, spies and lawyers!    Source: Sydney Morning Herald

Software based medical devices

A list of FAQ explains if your product comes under TGA regulations, and what your obligations are.    Source: TGA

Australian TGA licensed manufacturers

When can your licence be suspended or revoked? New guidance document.    Source: TGA

How can I apply to vary my manufacturing licence? A step-by-sept guide. TGA

Overseas manufacturers

When can an overseas manufacturer obtain GMP certification, via an application submitted by the Australian sponsor or agent (regulatory consultant). Another “step-by-step” guide. TGA

Foods:

Changes to the inspection of some imported food

Kava products are classified as “risk food”. Commercial imports of kava will be inspected to verify compliance with food standards. Other foods that have had their status changed include ready-to-eat berries, ready-to-eat pomegranate arils, and bivalve molluscs.    Source: Dept Agriculture, water and Environment and FSANZ

27th Australian Total Diet Study

This looked at levels of per- and poly-fluoroalkyl substances (PFAS) in food. The results show that Australian consumers' exposure to PFAS through food is very low and poses no food safety concerns.    Source: FSANZ

FSANZ calls for comments, and applications received

Food made from a genetically modified wheat line IND-00412-7    Source: FSANZ

FSANZ has accepted an application to extend the use of Danisco New Zealand Ltd.'s alpha-glucosidase enzyme, previously assessed in application for use as processing aid in brewing. An opportunity to comment will be available at a later date.    Source: FSANZ

Urgent review of the food standard for kava. This review supports a Federal Government pilot program that will allow commercial importation of kava into Australia to build stronger cultural and economic ties with Pacific Island nations. FSANZ has invited submissions.    Source: FSANZ

Application to permit 2′-fucosyllactose (2′-FL), produced by genetically modified Escherichia coli K-12, in infant formula products.    Source: FSANZ

The use of a steviol glycoside mixture, Rebaudioside MD, that is produced by fermentation from a genetically modified Yarrowia lipolytica, permitted for use as an intense sweetener.    Source: FSANZ

NSW retail food enforcement

The annual report showing the sector continues to demonstrate strong food safety outcomes with a 97% compliance rate for the year. Reports received for the 1 July 2020 to 30 June 2021 period show 479 authorised officers conducted almost 45,000 food safety inspections of the approximately 40,000 fixed retail food.    Source: NSW Food Authority

Failing food reports for October 2021

Risk food test results – salmonella, hydrocyanic acid, aflatoxin, arsenic and iodine.    Source: Dept Agriculture, water and Environment

Surveillance food tests – non-permitted ingredients including vitamins and minerals.    Source: Dept Agriculture, water and Environment

Cosmetics, Personal Care and TGA Listed Sunscreens:

Step by step guide to categorising your chemical importation and manufacture

With supporting self-guided decision tools helps you categorise your chemical introduction as listed or exempted or reported or assessed.    Source: AICIS

Infringement notice issued to chemical supply business

AICIS Compliance has issued a 60 penalty unit infringement notice of $13,320 to a business in Sydney which unlawfully imported industrial chemicals without being registered with AICIS.    Source: AICIS