A complaint about this Opti-Pharm product was submitted more than 12months ago during which time the sponsor has exploited various legal arguments about the grey area between food and therapeutic goods regulation and continued the promotion.
Finally, we have a determination from the CRP made public today.
While the CRP has upheld all aspects of the complaint and asked for a retraction of claims it remains to be seen if this will be forthcoming.
The CRP has no power to enforce such action and the TGA has yet to take a sponsor to court to enforce a Regulation 9 order for non-compliance.
Meanwhile, the U.S. manufacturer of Sensa satiety crystals has agreed to pay over $900,000 in settlement of two U.S. cases alleging false advertising.
The impotence of the Australian regulatory system with respect to meaningful sanctions and correcting advertising violations is starkly revealed.by