TGA drops action against InstantScripts

The telehealth provider was issued 45 infringement notices totalling $742,500 in 2023.

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The Therapeutic Goods Administration has withdrawn all 45 infringement notices it issued to InstantScripts in November last year, opting to settle with the telehealth platform instead.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.

“We are pleased the TGA has acknowledged InstantScripts’s genuine and ongoing efforts to comply with the Therapeutic Goods Act 1989 (the Act)” said Richard Skimin, General Manager of InstantScripts.

“InstantScripts is committed to providing affordable and accessible telehealth services to people throughout Australia for those times when they cannot access their regular doctor.”

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.

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 companies have paid, others are still outstanding.

The TGA has withdrawn infringement notices in one other case more recent than InstantScripts, but there are no signs as yet that there will be a mass withdrawal of infringement notices related to section 42DLB(1).

The TGA said it would continue to take “strong enforcement actions” to address unlawful advertising in the online prescription industry.

This article was updated on 18/11/24 to include comment from InstantScripts.