Max Markson fined almost $30,000 for allegedly advertising device claiming to prevent COVID-19
Publicist Max Markson’s company, Markson Sparks, has been fined $26,640 by the Therapeutic Goods Administration (TGA) for the allegedly unlawful advertising of a Bionic Air Plasma Medical Device, which claims to prevent COVID-19.
However, in a statement to Mumbrella, Markson defended the device, claiming that “every home should have one” and “it’s a great gift for Fathers Day”. He is also “pleased” with the “publicity and awareness” generated.
“The TGA has jumped the gun and acted recklessly with no investigation or contact whatsoever taking place. I think they are shooting the messenger. It’s my clients product not mine. I’m the PR guy,” Markson said.
“In addition there has been no advertising in any way shape or form as claimed by the TGA, only an email to my personal and private database. Nothing has been sent or advertised to the general public.
One of Bionic Air’s ionising plasma devices
The TGA alleges Markson Sparks “emailed its subscribers using the email marketing platform ‘MailChimp’ to promote the Bionic Air Plasma Medical Device, and claimed the device could prevent COVID-19”.
In response to the COVID-19 pandemic, the TGA introduced new rules to prevent advertisers making claims about a product having an effect on the virus without being expressly permitted by the Administration.
It also released a warning to advertisers that it will “take action in relation to any advertisements that do not meet the requirements, including those that seek to mislead consumers”.
The TGA also alleges that the email sent out to Markson Sparks’ subscribers claimed the device was safe for the elderly, which is a breach of the Therapeutic Goods Advertising Code regarding the promotion of a therapeutic good as being safe, harmless or without side-effects.
Adjunct professor John Skerritt, deputy secretary of the Department of Health, of which the TGA is a part, said: “As the COVID-19 pandemic continues, the TGA is determined to stamp out advertising which makes unlawful claims about the cure or prevention of COVID-19.
“Advertising targeting vulnerable groups, including seniors, is of particular concern to the TGA during these challenging times.”
Markson argued that the device is already registered with the TGA and has been sold for decades for multiple uses, not only COVID-19.
“They probably don’t even know that the Medical Device is actually registered by the TGA, and has been for decades as a safe medical device,” he said.
“Plus it has sold over 1,000,000 units since 1967 and has an amazing record of positive testimonials. All clearly visible on the www.bionicair.com.au website.
“In addition it is clearly stated in the TGA Registration certificate that the Medical Device is to be ‘used at home or in a hospital or a clinic’.”
He concluded the matter has been referred to his lawyers.
Markson’s full statement read:
My company Markson Sparks and my client Bionicair.com.au are totally innocent of the alleged charges brought by the TGA. At no stage have my client Bionicair.com.au or myself claimed that the Bionic Air Plasma Medical Device can cure COVID-19.
In addition there has been no advertising in any way shape or form as claimed by the TGA, only an email to my personal and private database. Nothing has been sent or advertised to the general public.
The TGA has jumped the gun and acted recklessly with no investigation or contact whatsoever taking place. I think they are shooting the messenger. It’s my clients product not mine. I’m the PR guy.
They probably don’t even know that the Medical Device is actually registered by the TGA, and has been for decades as a safe medical device. Plus it has sold over 1,000,000 units since 1967 and has an amazing record of positive testimonials. All clearly visible on the www.bionicair.com.au website.
In addition it is clearly stated in the TGA Registration certificate that the Medical Device is to be ‘used at home or in a hospital or a clinic’. It produces small biologically active ions of oxygen with a negative charge on the them, these are pulsed over various selective frequencies for the benefit of the human body. They are inhaled and ingested via the lungs into the bloodstream of the patient to produce a positive therapeutic and biological effect. They may assist in recovery from illness, reduce the severity and frequency of colds and flu, support and assist in immune system recovery and assist breathing by reducing airborne pathogens and dust, plus more.
I am pleased however with the publicity and awareness that this has brought to the Bionic Air Plasma Medical Device which is a world leading Australian product and every home should have one. It’s a great gift for Fathers Day.
I have now placed the matter in the hands of my solicitors.
topics
Department of Health
John Skerritt
Markson Sparks
Max Markson
TGA
Therapeutic Goods Administration
I guess it is similar to the choice of buying vitamins – “it may assist…..” so it is up to the individual whether to part with their money.
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