Former senator David Leyonhjelm has been forced to take down a tweet about an unproven treatment for COVID-19, after the federal medicines regulator threatened him with a $1.11 million dollar fine over breaking medical advertising rules.
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The former Liberal Democrat representative for NSW, Mr Leyonhjelm is a prolific tweeter, and on February 2 posted a photo of a brand of horse medication, with the comment: "In several countries, ivermectin is being used to treat COVID. For those who want some, this horse product is probably the most economical source. Enough to treat the street too."
Ivermectin is one of the medications that has been promoted by outspoken Liberal backbencher Craig Kelly, along with hydroxychloroquine, but Mr Leyonhjelm's tweet included a specific product, not designed for human use.
"There is no evidence at the moment that it has any benefit or any use in relation to the prevention or treatment of COVID-19," Chief Medical Officer Paul Kelly has said.
In a direction published on the Therapeutic Goods Administration's website, Mr Leyonhjelm was told the post was considered advertising under the Therapeutic Goods Act, referred to a substance included in the Poisons Standard, and contained a "restricted representation" by referring to a disease.
According to the administration, Mr Leyonhjelm did not remove the post when first told to do so, instead tweeting: "The TGA (following a complaint from some snivelling toad) has written to say I'm promoting human use of an animal product. Promoting? Which part of "for those who want some" did they miss? Also, every horse owner in the country knows this."
The fine for breaching the sections of the Therapeutic Goods Act is a maximum of $1.11 million. The further tweet, which Assistant Secretary for Regulatory Compliance, Nicole McLay said was "intentional, and occurred in circumstances where you knew that, or were reckless as to, the application of [the Act]", could have landed the former senator 12 months in jail, or another $222,000 fine.
"Your advertising further presents a specific risk to members of the public, insofar as it may encourage them to obtain and take ivermectin as a treatment or prophylaxis for COVID-19 rather than obtaining and following the advice of appropriately qualified medical practitioners," Ms McLay wrote.
Both tweets have since been removed.