current affairs

Issue 248, 18th June – 29th July 2024

Tribute to Stephen Myers

Everyone in the complementary medicines industry was deeply saddened to hear of the passing of Emeritus Professor Stephen Myers. Stephen had degrees in medicine and naturopathy and a PhD in clinical pharmacology (cardiovascular health). At Southern Cross University he was Head of the School of Natural and Complementary Medicine and co-created the Bachelor of Naturopathy program. Stephen and I were friends for decades and having lunch with him was a stimulating mix of humour and intelligent discussion. He will be missed and remembered.

Training news

New courses:

1.10. New substance applications. Learn how to prepare an application to the TGA to have an ingredient added to the list of ingredients permitted in Australian listed complementary medicines. View agenda here

2.01. Food Ingredients. Applies to foods in both Australia and New Zealand. View full agenda here

5.02. US Dietary Supplement and Food Claims. Includes claims regulated by FDA, USDA and FTC. View full agenda here

All our courses can be viewed here and booked online here

Regulatory affairs news

Complementary Medicines and Medical Devices:

Changes to regulation of medical devices. These changes affect software-based medical devices, prescription spectacle lenses, medical devices containing microbial, recombinant, or animal substances, and medical device application audit requirements. Read more here

Exempt medical devices: do not need to be included in the ARTG, but still need to comply with other regulatory requirements. These include adverse advent reporting, recalls, compliance with the advertising code, conformity assessment procedures, and essential principles. This TGA webpage contains more details plus links to the list of exempt medical devices and other issues just mentioned.

Prescription lenses supplied only for refractive correction are now exempt from the requirement for inclusion in the Australia Register of Therapeutic Goods, whether they are mounted in frames or unmounted. The exemption does not apply to all types of prescription lenses. Source: TGA

Changes to GMP inspections. TGA is introducing temporary new arrangements for GMP inspections of domestic and overseas manufacturers. These inspections will be called ‘surveillance inspections.’ which are full-scope, reduced-duration re-inspections of manufacturers. This means that the inspection will cover all aspects of the manufacturers’ Pharmaceutical Quality System and operations; however, the inspection duration can be reduced by approximately 50% of the typical inspection time. Also, the expiry of existing GMP certificates for TGA licensed sites has been extended from 3 to 4 years. Source:TGA

Compositional guidelines for ingredients in listed medicines that do not have a monograph in an established pharmacopoeia are updated from time to time. Guidelines updated in June 2024 include DHA-rich oil derived from microalgae Schizochytrium sp; Bacillus subtilis strain NRRL B-67989; and D-glucose, polymer with xylitol. Access revised guidelines via this TGA webpage

TGA GMP Forum. 19th – 20th November in Melbourne. Details here

Risk management. A TGA presentation delivered at the ARCS Annual Conference is available here.

How to request the TGA to provide certificates of GMP compliance for Australian manfacturers – go here to read more and download either the MS Word or PDF version.

Compliance action

* Infringement notices totalling $319,260 have been issued to 4 businesses and 3 individuals for alleged unlawful advertising of prescription-only medicines for weight loss on their websites. Medicines were advertised for indications not approved for the products, and other breaches of the advertising code included stating that the products are safe. Businesses included Advert Digital, Eveadam Health, Chronic Therapy and Reda Compounding Chemist.  Source: TGA
* News Life Media has been issued with infringement notices for $56,340 for alleged unlawful advertising of medicinal cannabis on their popular lifestyle websiteBody+Soul. Source: TGA

* TGA has accepted a court enforceable undertaking from 2San in relation to unlawful import and supply of unregistered therapeutic goods, being bacterial vaginosis tests and pregnancy test kits not included in the Australian Register of Therapeutic Goods. Source: TGA

* TGA has issued 35 infringement notices totalling $627,252 to 6 businesses and 2 individuals for the alleged unlawful advertising of medicinal cannabis on their websites and social media platforms. Companies include Botanic Wellness, Grandiosa Imports, Releaf Group, NectarTek Australia, Tukken, Cymra Life Sciences and two individuals. More details here

Vaping
* The “business surrender scheme” has been set up to ” … allow businesses holding vaping goods that can no longer be supplied in Australia to divest themselves of these products without committing a supply or possession offence.” Businesses must notify the GA before 1st September 2024. Details here
* The new vaping laws commenced on 1st July. Some of the changes: non-pharmacy retailers, such as tobacconists, vape shops and convenience stores, cannot sell any type of vape; therapeutic vapes will continue to be available from pharmacies where clinically appropriate; to purchase vapes containing nicotine or a zero-nicotine substance, everyone will need a prescription from a medical or nurse practitioner; flavours for therapeutic vapes are restricted to mint, menthol and tobacco; anyone involved in transporting, storing or handling vapes must comply with strict requirements; the advertising or promotion of vapes is generally prohibited. More details here.

* TGA Vaping hub is here

Safety alerts. 

* Medicines containg Andrographis paniculata have the potential to cause severe allergic reactions including anaphylaxis.  Andrographis is a herbal ingredient permitted for use in low-risk medicines in Australia. Approximately 100 medicines listed in the Australian Register of Therapeutic Goods (ARTG) contain andrographis. It is commonly used in Indian and Chinese medicine. More details here. (We have a course on Pharmacovigilance . .agenda here)

* Serious side effects in infants given compounded wind and colic products containing Atropa belladonna (belladonna) have been reported. Symptoms in an infant that include dry mouth and skin, dilated pupils, inability to pass urine, floppiness and poor feeding. Source: TGA

* TGA has tested Robust Extreme Capsules imported from overseas and found they contain the undeclared substance o-propyl vardenafil, an analogue of vardenafil. Vardenafil may interact with nitrates found in some prescription drugs and may lower blood pressure to dangerous levels. People with diabetes, high blood pressure, high cholesterol or heart disease are often prescribed nitrates. Source: TGA

Mandatory new safety and information strandards for all infant sleep products including products such as rockers, bassinets, household cots and folding cotsRead safety standard here and information standard here. Read more details on the Product Safety Australia website

Consultations 

* The TGA is seeking public comment on proposed models to estimate sunscreen use (exposure) by Australians which will be used to calculate the maximum safe concentration of sunscreen ingredients. Submissions close 13th August 2024.Three options proposed on this webpage which includes links to the consultation paper and an online survey.

* Instructions for Disinfectant Testing. TGA is seeking feedback on a revised version of the guidance document. Submisions due by 16th August. Details here.

* Reforming Australia’s Therapeutic Goods Testing Regulations. Proposal includes strengthening and modernising the legislative framework for the examination, testing and analysis of therapeutic goods. Submissions close 18th August 2024. Source: TGA

* TGA seeking feedback on reforms to regulations of some “boundary products”.Consultation closes 6th August. Information here and guidance to help sponsors figure out if their therapeutic goods are medicines, biologicals, or medical devices is here.

National Symposium on Australian Traditional Medicine. This will be held at the NICM Research Institute, Western Sydney University, on 11th-12th November 2024. Full details at westernsydney.edu.au

Botanical Adulterants Prevention Programme (BAPP) and other adulteration stories.

* Rose – Rosa x damascena – essential oil. BAPP bulletin discusses composition, quality, known adulterants and methods of detection. Published in HerbalGram.

* Education Combined with Enforcement Reduces Lead-Contaminated Turmeric from 47% to 0% in Specific Markets in Bangladesh and India. BAPP article published in HerbalGram

* Substitution of Boswellia serrata extracts with citric acid in bulk shipments originating in China. BAPP article published in HerbalGram

* SupplySide recommends exhibitors and attendees adopt Botanical Adulterants Prevention Program to address adulteration in the supply chain. Published in Natural Products Insider

* Adultertation of Aleurites moluccanus (candlenut) and Bertholletia excelsa (Brazil nut) with toxic nuts and seeds from Cascabela thevetia, commonly known as yellow oleander or lucky nut. Source: Taylor and Francis online

* Laboratory guidance document – Actaea racemosa, – black cohosh – from BAPP and published in HerbalGram

* Which botanicals and fungi fail identity tests most often? Alkemist Labs share 20 ingredints that require extra scrutiny. Published in Nutraceuticals world

To access freely available botanical and technical resources from BAPP,  click here

New Zealand news supplied by Michelle Cubitt of Smart Regulatory Solutions

For dietary supplements, the Therapeutic Products Act Repeal Bill has had its first reading in Parliament. Submissions are open until 29 Jul 2024. The bill will go through as the current government has a majority and it was in the coalition agreements that this repeal happens. There is currently no clear indication of what will replace the Act long term and the status quo of the Dietary Supplement Regulations 1985 administered under the Food Act 2014 remains in effect for now. 

More information on NZ Ministry of Health website here.

In the press:

* “Death and Dozens of Illnesses Possibly Associated with Mushroom Candies”.
Prophet Premium Blends recalled Diamond Shruumz products which contained muscimol, a chemical that can lead to illness and death. FDA isinveartiating/ Published in Nutraceuticals World

* “Mushroom gummies recalled Australia-wide after customers hospitalised with ‘disturbing hallucinations’” Published in The Guardian Australia

* “TGA to review warnings after father’s supplement death”. Possibly due to andrographis present in a product called ArmaForce. Published in Sydney Morning Herald.

* “Major Australian pharmacies revolt over new vape laws”. According to this article, many pharmacists are opposed to the new bill which requires vapes to be sold without prescription through pharmacy, as “community pharmacists do not want to supply this potentially harmful, highly addictive product without a prescription.” Source: News.com.au

* Articles published on abc.net.au: “Vape shop owners brace for the end to their businesses, and an uncertain future“; Vapers will be pushed into black market by vape sales ban, crime experts warn“; “The Coalition could have sat back and waited to watch the vaping ban unfurl, but instead, they’ve chosen option two: INHALE“; “As Australia cracks down on vaping, there are concerns that without support some young people could turn to cigarettes“; “Government waters down vaping ban to win support of Greens“;

* And from the Guardian: “Newsroom edition: was Labor right to compromise on banning vapes?” – Full Story podcast

Foods:

Call for submissions

Application A1289 Food derived from disease-resistant, low-reducing sugars and reduced browning potato line BG25.  Submissions are due by 6pm (Canberra time) 29 August 2024. Source: FSANZ

Proposal P1028 – Infant Formula reviewed the regulatory requirements for infant formula products in the Code. The FSANZ Board approved variations to the regulatory requirements on 4 June 2024. These are being considered by Australian and New Zealand food ministers, with a final decision anticipated by late August 2024. Source: FSANZ

Proposal P1062 – Defining added sugars for claims. The Code will be amended to incorporate the revised standard which will not permit ‘no added sugar(s)’ claims when a food: contains, or is, an ‘added sugar’ as defined in the Code; does not contain ‘added sugar’ but contains more sugars (i.e. monosaccharides and disaccharides) than:
​10.0 g /100 g for solid food and 7.5 g /100 mL for liquid food. Source: FSANZ

Recalls

* McCain frozen products sold at Indian grocery stores including Aloo Tikki, Chilli Garlic Potato Pops, Chilli Garlic Potato Bites, Fries, Popular Veggie Burger Patty, Veggie Burger Patty, Veggie Fingersm, Veggie Nuggets – due to potential chemical (ethylene oxide) contamination. Source: NSW Food Authority

* Farmwood Chicken Breast T-Rex Bites sold at Aldi stores – presence of an undeclared allergen (peanut) . NSW Food Authority

* Brand New Vintage Journeyman Shiraz – presence of an undeclared allergen (sulphites). NSW Food Authority

* Rocky Road Almond Brittle & Coffee Bean – due to the presence of an undeclared allergen (Pistachio). NSW Food Authority

* Jun Pacific Corporation and Nippon Food Supplies Company – Morinaga Manna Bolo – potential presence of foreign biological matter. NSW Food Authority

* Al’Fez Natural Tahini Paste – due to microbial (Salmonella) contamination. NSW Food Authority 

* Mt Elephant Banana Oat Wholefood Cookie and Mt Elephant Choc Chunk Wholefood Brownie Mix – due to the presence of undeclared allergens (milk, almond and peanut). NSW Food Authority

* McCain Family Pizzas – Ham & Pineapple and BBQ Chicken & Pineapple – due to the presence of foreign matter (metal) NSW Food Authority

* Besta Premium Chinese Sausage (Canton) – presence of undeclared allergen(s) (soy, gluten, dairy). FSANZ

* Auxico Baixiang Bowl Noodle Pork Bone Flavour and Chicken Flavour – Incorrect Allergen Warning Statement  – dairy, peanut, sesame, fish and crustacean allergyFSANZ

* ALDI – Stonemill Sesame Seeds – due to Salmonella contamination. FSANZ

* Leslie’s Clover Chips Products – due to presence of undeclared allergen (gluten) FSANZ

* Three Mills Bakery – eight pies, rolls and a turnover – due to undeclared allergens (Gluten, Wheat, Dairy, Eggs, Fish, Sulphites, and/or Sesame) Source: FSANZ

* “Energy drinks with nine times as much caffeine as a can of Coca-Cola removed from Australian shelves”. This is a story published in The Guardian Australia that stated “Nearly 700 beverages with almost double the allowed maximum caffeine content seized from South Australian retailers”.  “Warning letters were issued to 13 businesses and two were fined a total of $3,000”. Fully story in The Guardian here. Also published on abc.net.au.

* List of foods recalled in New Zealand is published on Ministry of Primary Industries website here

More food news supplied by Gary Kennedy of Correct Food Systems

FSANZ has approved Australian native stingless bee honey. The standard is published here.

The Allergen Bureau is updating VITAL 4.0 including new information on molluscs. Read here and also published in NSW Food Authority newsletter

New Zealand

Liquor importer and distributor fined $244,000 for trying to sell thousands of bottles of illegal liquor and avoiding the rules in place to protect consumers (label warnings). Source: NZ Ministry for Primary Industries

Cosmetics and TGA listed sunscreens:

AICIS fees and changes increase by 3.1% on 1st September. Details here.

It is time to renew your AICIS registration for 2024-2025. You will need to register from 1 September 2024 if you plan to import or manufacture industrial chemicals for commercial purposes in the upcoming 2024-2025 registration year. This includes sole traders and individuals, and anyone manufacturing or importing containers or products that release industrial chemicals. Read more on AICIS webpage

Latest “snapshot” of the Australian Inventory of Chemical Substances, as of 28th June 2024. Read about it and access the link to the Excel document here.

Chemicals added to the Inventory 5 years after issue of assessment certificate (obligations to provide information apply)

As of 19th July 2024: four chemicals listed by CAS number and chemical name are here

As of 26th June, five chemicals listed here.

Completed evaluations as of 28th June 2024 – 14 evaluations about the human health and environmental risks. Source: AICIS

Rolling action plan of evaluations under consultation, in progress and recently completed. All listed here

Chemicals added to the inventory following issue of assessment certificate (early listing) as at 16th July 2024: one chemical, CAS no. 1613243-54-1 (component of plastics). More here

Regulatory changes for introducers of chemicals in vapes. From 1 July 2024, use of chemicals as vaping goods, or in vaping goods, is a therapeutic use and not an industrial use. Changes include removing the definition of ‘personal vaporiser’, and technical information related to categorisation of chemicals with end uses in personal vaporisers

Source AICIS

ACCC and similar:

A new guide to assist businesses considering working together to achieve positive environmental outcomes Published on ACCC website

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Providing regulatory training courses for complementary medicines, GMP, foods, cosmetics dietary supplements.

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