Health watchdog takes online supplier of bodybuilding supplements to court

The Commonwealth has taken legal action against an online supplier of peptides and other restricted bodybuilding drugs, alleging it has caused "serious harm" to the health of consumers.

An investigation by Hack and Background Briefing earlier this year exposed the massive growth of the supplements industry, where prescription-only and banned substances are being openly sold through websites or even over-the-counter.

Prescription-only peptides and human growth hormones can be legally bought through websites offering quick and easy online evaluations.

The supply of these substances is tightly regulated, but up to now the national watchdog, the Therapeutic Goods Administration (TGA), has done little to enforce the rules.

Following a TGA investigation, lawyers acting on behalf of the Department of Health filed a statement of claim in the Federal Court on 29 November.

The legal action does not relate to the supply of restricted substances - only to the advertising of these substances, and the alleged misleading claims.

The Department alleges the New South Wales registered private company that operates the website Peptide Clinics Australia has been:

The Department is seeking to have the company fined - each breach of the relevant legislation is a fine of up to $6,300 - and get the company to take its ads down.

The Department sought an interim injunction, and, in a subsequent statement, said Peptide Clinics Pty Ltd has given an undertaking to remove relevant the ads from its website pending the final hearing of the matter.

Hack contacted Peptide Clinics Australia for comment.

The website was still up on Wednesday afternoon, at the time of publishing, but it appeared the relevant ads had been taken down.

On its website, the company claims it has "more than 50,000 satisfied patients".

The Department also alleges the company has exposed consumers to risk of prosecution, as the products it supplies cannot be lawfully possessed.

In New South Wales, for example, illegally possessing a prescription-only substance such as a SARM can lead to several years jail time.

The statement of claim lists 18 prescription-only substances being advertised on the Peptide Clinics website, including:

Some of these substances were advertised only on a restricted part of the website, while others were spruiked on social media, the Department alleges.

It also alleges the restricted part of the website was not hard to access.

To access this part of the website, consumers completed and submitted an online "medical questionnaire". They were informed that a "medical professional" would review their medical questionnaire within 24 hours. The consumer would then later receive an email indicating they may access the restricted part of the website where the substances were allegedly advertised.

The Department alleges that although a medical practitioner was responsible for "approving" the consumer's access to the restricted part of the website, and therefore to the ads, they were not in a doctor/patient relationship with that consumer.

According to the website, orders placed by consumers are evaluated by a doctor.

The doctor then issues a prescription and sends this to a compounding pharmacy. The drugs are then be dispatched by the pharmacy to the consumer.