TGA sues News Corp, Mamamia for medicinal cannabis testimonials
The Therapeutic Goods Administration (TGA) has taken federal proceedings against News Corp Australia, Mamamia, and a Sydney-based PR agency for unlawfully promoting medicinal cannabis products in articles published between 2022 and 2023.
The TGA alleges News Corp’s Body + Soul and Mamamia published online articles in contravention of the Therapeutic Goods Act 1989, following a marketing campaign by Atlus, a website and dispensary specialising in alternative medicine, and its agency, Straight Up PR.
The articles are alleged to include testimonials and endorsements from individuals who, by the Therapeutic Goods Advertising Code, are prohibited from giving them.
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The Mamamia article, published sometime between September 2022 and February 2023, was titled: ‘[Redacted] takes CBD oil daily for her anxiety. Here’s what she wants people to know’. The author was a nurse, who was among those prohibited to give such endorsements. The article was also posted to Mamamia’s Facebook page.
The TGA also alleges that the author’s mother was an employee of Atlus who was involved in the marketing campaign. Mamamia did not disclose this relationship.
Body + Soul’s article, published between August 2022 and September 2023, was written by a registered doctor, described in the article to work at Atlus. It was titled: ‘5 health conditions you didn’t know medical cannabis could help with’.
The article declared medicinal cannabis could improve a wide range of symptoms and medical conditions. It mentioned chronic pain, anxiety, and cancer, among other serious conditions.
The TGA is also suing Atlus, its sole director Dr Shimal Jobanputra, and Straight Up PR.
Straight Up allegedly coordinated the publication of the articles and the Facebook post. Among other steps, the agency “approached News Life and Mamamia to suggest the placement of the respective articles on their websites, assisted Atlus staff to prepare or contribute to the preparation of the articles, reviewed the articles and submitted them for publication”, according to the TGA.
It alleges that Dr Jobanputra “facilitated the preparation of the Body + Soul article and the Mamamia article, had input into the preparation of the articles, was aware of their content, and corresponded with Straight Up to approve the articles before they were placed for publication”.
Between November 2022 and August 2023, the TGA also alleges Atlus advertised medicinal cannabis, including through the use of euphemisms like ‘plant medicine’.
Atlus’ website allegedly promoted the use of these alternative products for the treatment of serious diseases, conditions, or disorders. Such references are prohibited in advertising unless approval or permission is given by the TGA.
Head of the TGA and Deputy Secretary of the Department of Health, Disability and Ageing, Professor Anthony Lawler, said all involved parties had “been warned on multiple occasions” in relation to the alleged unlawful advertising.
“Advertising prescription medicines to the public can create an inappropriate demand for these medicines and undermine the relationship between a patient and their treating health practitioner,” he said in a statement.
“Appropriate treatment options should be determined by a health professional in consultation with their patient.
“We continue to take enforcement action against the alleged unlawful import, export, supply, manufacture and advertising of therapeutic goods, including medicinal cannabis products.”
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Lauren McNamara is the associate editor at Mumbrella, covering the agency beat. She joined in November 2022 as editorial assistant, after completing a Bachelor of Communications (Journalism) at UTS.
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