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Selected cases

Federal Court of Australia · [2026] FCA 333

Secretary v AG Therapeutics

A Federal Court regulator case about alleged therapeutic goods advertising contraventions, marketing services and leave to proceed against...

Federal Court of Australia26 Mar 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • Marketing agencies can be exposed when therapeutic goods campaigns cross legal lines.
  • A Federal Court regulator case about alleged therapeutic goods advertising contraventions, marketing services and leave to proceed against a company in liquidation.

Use this to check

  • Therapeutic goods advertising risk can reach marketing services providers.
  • Medical cannabis content can raise restricted or prohibited representation issues.
  • A company entering liquidation does not automatically end regulator civil penalty proceedings.

Decision snapshot

  1. 1

    What happened

    • The Secretary of the Department of Health, Disability and Ageing brought a proceeding alleging contraventions of the Therapeutic Goods Act in connection with media items about medical cannabis products.
    • The respondents included AG Therapeutics, described as an online medicinal cannabis clinic, media website operators and a marketing services company.
    • The Secretary alleged that the marketing services respondent facilitated the preparation and publication of three media items, including a Body + Soul article, a Mamamia article and a Mamamia Facebook post.
    • The alleged problem was that the items referred to medical cannabis products and contained prohibited or restricted representations, and also allegedly contravened the Therapeutic Goods Advertising Code.
  2. 2

    What the court had to decide

    • The Federal Court had to decide whether to grant leave under section 500(2) of the Corporations Act for the Secretary to continue civil penalty proceedings against a respondent in liquidation over alleged Therapeutic Goods Act advertising contraventions.
  3. 3

    What the court decided

    • The Court granted leave for the Secretary to continue the proceeding against the marketing services respondent in liquidation, on the condition that any financial or monetary order would not be enforced without further leave of the Court.
    • Costs of the application were made costs in the cause.

Practical impact

Practical read

  • Marketing agencies can be exposed when therapeutic goods campaigns cross legal lines.
  • Liquidation may pause ordinary civil proceedings, but it will not necessarily stop a regulator from pursuing declarations and penalties in the public interest.

Useful next steps

  • Therapeutic goods advertising risk can reach marketing services providers.
  • Medical cannabis content can raise restricted or prohibited representation issues.
  • A company entering liquidation does not automatically end regulator civil penalty proceedings.
  • Courts can give weight to public health and deterrence when allowing proceedings to continue.
  • Marketing contracts should allocate regulatory review and approval responsibility clearly.

Practical read

This case is important because the respondent in liquidation was not the clinic and not the media outlet. It was alleged to have provided marketing services. That matters for agencies, PR teams, copywriters, affiliate marketers and health-product businesses that assume regulatory risk sits only with the product owner.

The Court did not decide final liability in this judgment. It decided whether the regulator could continue the civil penalty proceeding against a company in liquidation. The Court granted leave because the alleged contraventions were serious, raised public-health and safety issues, and involved a marketing services company in a position that made the deterrence point direct.

The Court also accepted that declarations and penalties can serve a public purpose even if the company in liquidation may not be able to pay penalties without further leave.

For small businesses, the lesson is to review therapeutic goods marketing before publication, not after a regulator letter. Medical cannabis, supplements, devices, health products and wellness claims can trigger therapeutic goods advertising rules. Agencies should also make sure their contracts, approval workflows and copy clearance records show who checked restricted or prohibited representations.

Checks to run

Key points

  • Review health, cannabis, supplement and device claims before publication.
  • Check whether content contains restricted or prohibited therapeutic representations.
  • Document who approved product claims, testimonials, article drafts and social captions.
  • Put regulatory review obligations in agency and influencer agreements.
  • Do not assume liquidation prevents regulator proceedings or public findings.

Key takeaways

  • Therapeutic goods advertising risk can reach marketing services providers.
  • Medical cannabis content can raise restricted or prohibited representation issues.
  • A company entering liquidation does not automatically end regulator civil penalty proceedings.
  • Courts can give weight to public health and deterrence when allowing proceedings to continue.
  • Marketing contracts should allocate regulatory review and approval responsibility clearly.

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