complaint to tga: evolution supplements - sarms pct - 60 ... · complaint to tga: evolution...

12
Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1 of 12 Background: On 11 December 2018 I complained about Evolution Supplements (ABN: 99 382 528 968) “The King Kong Stack” (AC-C7NJIKYV/2018) because it was being advertised and sold without being listed on the ARTG; a breach of s.42DL(1)(g) of the Therapeutic Goods Act 1989. The claims made also breached many provisions of the Therapeutic Goods Advertising Code. In addition, some products within “The King Kong Stack” contain ingredients such as Cardarine (Schedule 10) of such danger to health that they are prohibited from sale, supply and use to Australian consumers. I also said: “The King Kong Stack” is just one of what appears to be many illegal products being promoted and sold by Evolution Supplements. Urgent action is required to review all products available for sale by this company. There are many other Australian outlets providing similar illegal products; these also need action.” The new complaint: This complaint should be classified as "critical". While Kong was still being advertised on the Evolution Supplements web site 10 days ago, as of today, a search for it on https://evolutionsupplements.com.au/evo-labs-kong-60-capsules/ produced, “Page not found”. However, it is still being promoted on their Facebook page (screen shots appended) where other illegal products such as EVO LABS - SARMS PCT - 60 Capsules are also being promoted by Evolution Supplements (screen shots appended). In addition, products previously complained about such as Ar1macare Pro and Sup3r PCT continue to be advertised and sold, as do numerous other products that lack an ARTG number and make false and misleading claims (a few additional screen shots appended). Evolution Supplements have a disclaimer on their web site (appended) that says, “all products are considered sports supplements”. This is disingenuous; these products are making therapeutic claims and are presented as capsules with dosage information. In addition, Evolution Supplements have not formally invoked Food Standard 2.9.4 – Formulated Supplementary Sports Foods. I note the current TGA, “Consultation: Proposed clarification that certain sports supplements are therapeutic goods”: https://www.tga.gov.au/consultation/consultation-proposed-clarification-certain-sports- supplements-are-therapeutic-goods. This consultation should not preclude immediate action. The products I have identified are illegally supplied therapeutic goods. The available strict liability penalties should be applied, additive for each illegal product advertised and supplied. Sincerely, Dr Ken Harvey MB BS, FRCPA, AM Associate Professor Public Health and Preventive Medicine Monash University Level 1, 553 St Kilda Rd Melbourne VIC 3004 M: +61 419181910 E: [email protected]

Upload: others

Post on 04-Oct-2020

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 1 of 12

Background:

On 11 December 2018 I complained about Evolution Supplements (ABN: 99 382 528 968) “The King Kong Stack” (AC-C7NJIKYV/2018) because it was being advertised and sold without being listed on the ARTG; a breach of s.42DL(1)(g) of the Therapeutic Goods Act 1989. The claims made also breached many provisions of the Therapeutic Goods Advertising Code.

In addition, some products within “The King Kong Stack” contain ingredients such as Cardarine (Schedule 10) of such danger to health that they are prohibited from sale, supply and use to Australian consumers.

I also said:

• “The King Kong Stack” is just one of what appears to be many illegal products being promoted and sold by Evolution Supplements.

• Urgent action is required to review all products available for sale by this company.

• There are many other Australian outlets providing similar illegal products; these also need action.”

The new complaint:

This complaint should be classified as "critical".

While Kong was still being advertised on the Evolution Supplements web site 10 days ago, as of today, a search for it on https://evolutionsupplements.com.au/evo-labs-kong-60-capsules/ produced, “Page not found”.

However, it is still being promoted on their Facebook page (screen shots appended) where other illegal products such as EVO LABS - SARMS PCT - 60 Capsules are also being promoted by Evolution Supplements (screen shots appended).

In addition, products previously complained about such as Ar1macare Pro and Sup3r PCT continue to be advertised and sold, as do numerous other products that lack an ARTG number and make false and misleading claims (a few additional screen shots appended).

Evolution Supplements have a disclaimer on their web site (appended) that says, “all products are considered sports supplements”. This is disingenuous; these products are making therapeutic claims and are presented as capsules with dosage information. In addition, Evolution Supplements have not formally invoked Food Standard 2.9.4 – Formulated Supplementary Sports Foods.

I note the current TGA, “Consultation: Proposed clarification that certain sports supplements are therapeutic goods”: https://www.tga.gov.au/consultation/consultation-proposed-clarification-certain-sports-supplements-are-therapeutic-goods.

This consultation should not preclude immediate action. The products I have identified are illegally supplied therapeutic goods. The available strict liability penalties should be applied, additive for each illegal product advertised and supplied.

Sincerely,

Dr Ken Harvey MB BS, FRCPA, AM Associate Professor Public Health and Preventive Medicine Monash University Level 1, 553 St Kilda Rd Melbourne VIC 3004 M: +61 419181910 E: [email protected]

Page 2: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 2 of 12

28 October 2019 Screen Shots (taken 28/11/2019)

https://www.facebook.com/EVOSUPPS/posts/evo-labs-kongone-of-our-best-sellers-kong-back-in-stock-

selling-out-fast-get-you/2111690962197095/

Page 3: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 3 of 12

https://www.facebook.com/EVOSUPPS/posts/evo-labs-kongone-of-our-best-sellers-kong-back-in-stock-

selling-out-fast-get-you/2111690962197095/

Page 4: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 4 of 12

https://evolutionsupplements.com.au/evo-labs-sarms-pct-60-capsules/

https://evolutionsupplements.com.au/search.php?search_query=Ar1macare%20Pro%20&section=product

Page 5: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 5 of 12

https://evolutionsupplements.com.au/search.php?search_query=Sup3r%20PCT%20&section=product

Page 6: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 6 of 12

https://evolutionsupplements.com.au/fat-burners/?mode=1

Page 7: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 7 of 12

https://evolutionsupplements.com.au/fat-burners/?mode=1

Page 8: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 8 of 12

https://evolutionsupplements.com.au/fat-burners/?mode=2

Page 9: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 9 of 12

https://evolutionsupplements.com.au/muscle-enhancers/

Page 10: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 10 of 12

https://evolutionsupplements.com.au/vital-alchemy-anafuse-120-capsules/

Page 11: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 11 of 12

https://evolutionsupplements.com.au/vital-alchemy-anafuse-120-capsules/

Page 12: Complaint to TGA: Evolution Supplements - SARMS PCT - 60 ... · Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products Page 1

Complaint to TGA: Evolution Supplements - SARMS PCT - 60 Caps and numerous other illegally supplied products

Page 12 of 12

https://evolutionsupplements.com.au/evo-labs-sarms-pct-60-capsules/