The telehealth provider was issued 45 infringement notices totalling $742,500 in 2023.
The Therapeutic Goods Administration has withdrawn all 45 infringement notices it issued to InstantScripts in November last year, opting to settle with the telehealth platform instead.
The infringement notices totalled $742,500 and related to the alleged advertisement of prescription-only medicine.
More specifically, InstantScripts was alleged to have promoted the use and supply of antibiotics, insulin, blood thinners, blood pressure medicines and cholesterol medicines.
For its part of the settlement – notice of which was published by the TGA on Wednesday – InstantScripts has agreed not to make material changes to its website until either 30 June 2025 or until the TGA publishes new guidance on advertising.
“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 regulator said.
The settlement comes after InstantScripts applied to the Federal Court for a judicial review of the TGA decision to issue the notices back in March.
Court records show that four pre-hearing meetings were adjourned before leave was granted to InstantScripts to discontinue the proceeding with no order as to costs on 11 November.
Related
The part of the law that InstantScripts was alleged to have contravened was section 42DLB(1) of the Therapeutic Goods Act 1989, which relates to advertising or causing the advertising of therapeutic goods by any means.
It has issued infringements related to this subsection both before and after the InstantScripts notices.
While some have been paid, others are still outstanding.
No infringement notices have been withdrawn in cases more recent than InstantScripts.
The TGA said it would continue to take “strong enforcement actions” to address unlawful advertising in the online prescription industry.
