TGA Fines Oxymed Australia for COVID-19 Advertising Claims

Australia’s Therapeutic Goods Administration (TGA) fined Oxymed Australia A$63,000 ($40,000) for making false claims that its hyperbaric oxygen therapy chambers can treat a variety of conditions, including COVID-19.

Oxymed’s claims are prohibited under therapeutic goods legislation and are “of significant concern to the TGA during the current pandemic,” the agency said.

The devices are not listed on the Australian Register of Therapeutic Goods (ARTG), and unless an exemption applies, they cannot be legally supplied or advertised in Australia, the agency said.

In March, the TGA issued a warning about illegal advertising relating to COVID-19, warning devicemakers that it would take swift action for products that are represented to be for therapeutic use and are not included in the ARTG.

Last year, the TGA made important changes to its regulations related to advertising and began to use sanctions, penalties and to seek injunctions for serious cases of non-compliant advertising.

Australia’s Therapeutic Goods Act 1989 provides for a range of criminal offenses, some of which are punishable by up to five years in prison and fines of up to A$840,000 ($530,000) for an individual or A$4.2 million ($2.6 million) for a company. The legislation also provides for civil penalties of up to A$1.05 million ($700,000) for an individual or A$10.5 million ($6.6 million) for a company.