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[2021] FCA 872
Federal Court of Australia
2021-07-29
Ms J, Burley J
Original judgment source is linked above.
Solicitor for the Applicant: Norton Rose Fulbright
Counsel for the Respondents: The Respondents did not appear
BETWEEN: SECETARY, DEPARTMENT OF HEALTH Applicant
AND: EVOLUTION SUPPLEMENTS AUSTRALIA PTY LTD First Respondent
order made by: BURLEY J DATE OF ORDER: 29 JULY 2021
REASONS FOR JUDGMENT
1.1 Background 1 In Secretary, Department of Health v Evolution Supplements Australia Pty Ltd [2021] FCA 74 (liability judgment) I made declarations to the following effect: (1) That from 6 March 2019 to 2 March 2020 inclusive (relevant period) the first respondent, Evolution Supplements Australia Pty Ltd had contravened s 42DLB(1) of the Therapeutic Goods Act 1989 (Cth) (TG Act) by advertising goods on its Website at the URL www.evolutionsupplements.com.au in circumstances where s 42DLB(9) of the TG Act applied to those advertisements. This was on the basis that the therapeutic goods referred to in the advertisements are not, and were not during the relevant period, entered on the Australian Register of Therapeutic Goods and also that they were goods that were prescribed by clause 7(i) of the Therapeutic Goods Regulations 1990 (Cth) (TG Regulations); (2) That during the relevant period, Evolution contravened s 42DLB(1) of the TG Act by advertising therapeutic goods on the Website and such advertisements contained references to substances, or goods containing substances which are and were during that period, included in schedule 4 to the current Poisons Standard, with the result that s 42DLB(7) of the TG Act applied; (3) That during the relevant period the second respondent, Cumhur Keskin contravened s 54B(3) of the TG Act by failing to take all reasonable steps to prevent the contraventions by Evolution referred to in (1), in circumstances where Mr Keskin knew that the contraventions would occur and was in a position to influence the conduct of Evolution in relation to the contraventions; (4) That between 31 January 2019 and at least 2 March 2020 inclusive, Mr Keskin contravened s 42DX of the TG Act by failing to cause Evolution to cease advertising all therapeutic goods not entered on the Register via the Website and failing to cause Evolution to cease the advertising of and the publication of references to all substances entered on Schedule 4 of the Poisons Standard on the Website. 2 I also made orders restraining Evolution from advertising or causing to be advertised therapeutic goods if such advertisements refer to therapeutic goods which are not entered in the Register and are prescribed by r 7(i) of the TG Regulations, or are substances or goods containing substances included in schedule 4 of the current Poisons Standard unless otherwise authorised to do so, and that Mr Keskin be similarly restrained. 3 The orders made in the liability judgment did not address the question of any penalty arising from the contraventions of Evolution or Mr Keskin. Orders made in the preparatory phases of the proceedings provided for the question of penalty to be determined separately and after the question of liability. After the delivery of the liability judgment a timetable was set in place for the preparation of the proceedings for hearing on the question of penalty. Despite being served with the relevant documentation, Mr Keskin has not participated in that process and did not participate in the hearing. 4 It may be noted that the sections of the TG Act relied upon by the Secretary are civil penalty provisions. He bears the onus to prove the case that he has advanced to the requisite civil standard having regard to the gravity of the matters alleged: s 140 of the Evidence Act 1995 (Cth) and the principles set out in Briginshaw v Briginshaw (1938) 60 CLR 336 (Dixon J) at 361 and 362; see Australian Competition and Consumer Commission v We Buy Houses Pty Ltd [2017] FCA 915 (Gleeson J) at [44]. 5 These reasons assume familiarity with the liability judgment. Unless otherwise provided, the definitions used in the liability judgment apply to these reasons.
1.2 The contraventions 6 Section 42DLB of the TG Act is a civil penalty provision. Relevant parts of it are set out in the liability judgment at [28]. In summary, s 42DLB(1) provides that a person contravenes that sub-section if that person advertises or causes to be advertised, therapeutic goods, and subsections (7) or (9) apply. 7 Subsection (7) applies to an advertisement if the advertisement refers to substances or goods containing substances included in schedule 3, 4 or 8 of the current Poisons Standard, other than a reference authorised or required by a government or a government authority. 8 Subsection (9) applies if the advertisement refers to therapeutic goods that are not entered on the Register and that are prescribed by the TG Regulations, unless otherwise authorised. 9 As explained in the liability judgment (at [21]), Evolution maintained the Website during the relevant period, on which it advertised certain products. Between 28 October 2019 and 9 January 2020 it also promoted products, at the same URL, between the hours of 8pm and 4am (which is defined as the After Hours Website). 10 All of the products so advertised are referred to below as the impugned goods. All were "therapeutic goods" within the meaning of s 3(1) of the TG Act, and the representations made in the advertisements were to the effect that each of the impugned goods was capable of influencing, inhibiting or modifying a physiological process in persons. As a result the impugned goods were advertised for a "therapeutic use". None of the impugned goods were entered in the Register or the subject of any exemption or approval under the TG Act or the TG Regulations. As a consequence, s 42DLB(9) of the TG Act applied and accordingly each such advertisement amounted to a contravention of s 42DLB(1) of the TG Act. Evolution advertised a total of 97 impugned goods during the relevant period. 11 In addition, 70 of the advertisements promoted on the Website and the After Hours Website referred to substances or goods containing substances included in schedule 4 of the current Poisons Standard. None was authorised or required by a government or a government authority, and therefore s 42DLB(7) applied. Accordingly, each of those advertisements also amounted to a contravention of s 42DLB(1) of the TG Act. 12 In relation to Mr Keskin, s 54B(3) of the TG Act provides that an executive officer of a body corporate contravenes that subsection if the body corporate contravenes a civil penalty provision and the officer knew that the contravention would occur, was in a position to influence the conduct of the body in relation to that contravention and failed to take reasonable steps to prevent the contravention. These requirements were satisfied insofar as Mr Keskin was concerned, as set out in the liability judgment at [31] to [38]. Section 54B(3) is a civil penalty provision. 13 Mr Keskin was also found to be liable for contravention of s 42DX of the TG Act, a civil penalty provision that is contravened if the Secretary has given a direction to a person under s 42DV of the TG Act with which the person fails to comply. The Secretary gave Mr Keskin a s 42DV notice requiring him to ensure that Evolution cease advertising in breach of s 42DLB, but he failed to comply during the period from 31 January 2019 until 2 March 2020. 14 I consider the conduct of each of Evolution and Mr Keskin in more detail in section 4 below.
1.3 Summary of conclusions as to penalty 15 For the reasons set out in more detail below, I have determined that: (a) Evolution is liable to pay $11,000,000 as a penalty pursuant to s 42Y of the TG Act for its breaches of s 42DLB(1); and (b) Mr Keskin is liable to pay $1,000,000 as a penalty pursuant to s 42Y of the TG Act for his breaches of ss 42DX and 54B(3).
4.1 The Register 25 In his report, Dr Brent set out relevant background information going to the operation of the Register. 26 The TGA regulates therapeutic goods and determines whether it is appropriate for individual therapeutic goods to be entered on the Register. The first step in the TGA's assessment of a therapeutic good is consideration of whether the good in question poses a high risk (as in the case of prescription and over-the counter medicines such as painkillers and allergy tablets) or a low risk (as in the case of vitamins, minerals, sunscreens and herbal complementary medicines) to human health. This initial determination then informs the degree of scrutiny the therapeutic good will be subjected to in assessing whether, and under what conditions, it should be entered on the Register, including the amount and type of information that will be reviewed. In assessing a therapeutic good, the TGA will also consider: the amount of regulatory oversight needed to manage risks associated with the good, including the nature and intended use of the good; compliance with nonclinical guidelines including the OECD's Good Laboratory Practice; the approach of the TGA's comparable international regulatory counterparts to the good in question; and, although not mandated in Australian legislation, will often also consider whether technical data requirements meet the requirements set out in the European Union Guidelines and Guidelines issued by the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use. 27 Where the benefits of human use of a good outweighs the risk of adverse reactions, the good is entered on the Register. 28 High risk products are registered on the Register, while lower risk products are listed on the Register. Registered products are subject to a detailed evaluation of risk, and data submitted in support of a new registered medicine must establish the quality, safety and effectiveness of the proposed product for its proposed usage ("indication"). If approved, registered medicines are registered on the Register for their specified indications only. 29 In relation to listed products, a lesser degree of evaluation is conducted. These products are listed on the Register provided that the applicant for listing certifies that: the claims made about the effectiveness of the product are accurate; relevant quality, labelling and packaging standards are followed; the medicine contains only approved ingredients; and manufacturing facilities and processes had been assessed for compliance with standards of Good Manufacturing Practice. Low risk medicines cannot claim to treat serious diseases, and can be removed from the market if the claims made for the product are inappropriate or any of the applicant's certifications are incorrect. 30 Part 5-1 of the TG Act establishes a regulatory regime for the advertising of therapeutic goods, including prohibiting the advertising of goods containing substances not entered on the Register, substances listed in schedule 4 to the Poisons Standard, or therapeutic goods not the subject of an exemption, approval or authority under the TG Act or the TG Regulations. The Introduction to the Poisons Standard explains that a substance listed in schedule 4 of that standard is a substance which should only be used or supplied pursuant to a prescription from an appropriately qualified professional. A substance listed in schedule 10 to that standard is considered to be of such danger to health as to warrant prohibition of sale, supply and use. 31 Dr Brent explains that a substance listed in schedule 4 to the Poisons Standard has been subjected to a comprehensive assessment of the quality, safety and efficacy of the therapeutic good. If a substance is listed in schedule 4, but not entered on the Register (for example, because it is still under research, where its precise effects are unknown, or where there are no products in the Australian market containing the substance), the TGA has decided that the substance should nevertheless be restricted under schedule 4 because of the potential risk to human health and safety. 32 By way of illustration, Selective Androgen Receptor Modulators (SARMs) are a general entry in schedule 4 to the Poisons Standard. Dr Brent explains that there is a large body of international peer-reviewed literature regarding possible initial research uses of SARMs in therapeutics and potential positive uses in various human diseases. Early clinical studies have demonstrated potential uses for SARMs in treatment of breast cancer, cancer-related cachexia, benign prostatic hyperplasia and hypogonadism. However, the literature also identifies potential toxic side effects of illicit use, including liver toxicity and increased risk of heart attack and stroke. The long term effects on the body are unknown. Dr Brent concludes that the use of SARMs presents a risk of adverse effects, and a serious risk to human health and safety, if not used within the TGA framework as schedule 4 goods, and finds support for that position in the information available from the literature and the fact that there are no therapeutic goods containing SARMs entered on the Register. 33 Testosterone is another substance listed in schedule 4. It is included in the World Health Organisation's list of essential medicines, and is available as a generic medication. In addition to its role as the primary male sex hormone testosterone is used as a medicine, for example in treating low testosterone levels in men, in transgender hormone therapy for transgender men, and to treat breast cancer in women. However unwanted effects of the use of testosterone as a treatment can include infertility, adenocarcinoma of the liver, as well as salt and water retention leading to oedema. Some athletes use testosterone in the expectation of increasing strength and performance, however studies have shown that this effect is not necessarily achieved in healthy individuals. Dr Brent concludes, based on the large amount of available clinical data in relation to both the short- and long-term effects of testosterone intake by humans, that use of testosterone outside the TGA framework, including in products such as supplements and stimulants, presents a high risk of adverse effects. 34 In the case of substances listed in schedule 10 to the Poisons Standard, Dr Brent explains that the TGA has determined that the advertisement and use of a substance listed in schedule 10 outside of the existing legal framework poses such a danger to health as to warrant prohibition of its sale, supply and use. Unlike schedule 4 substances, which may be entered on the Register, schedule 10 substances are not appropriate for entry in the Register. 35 By way of illustration, Dr Brent was asked to consider what, if any, dangers and risks to humans may be associated with the use of certain substances listed in schedule 10, including 1, 3 dimethylamylamine (DMAA) and cardarine. 36 In relation to DMAA, Dr Brent observed that it was originally developed as a nasal decongestant, and is an amphetamine derivative that has been marketed in sports performance and weight loss products, many of which are sold as dietary supplements. Use of DMAA has not been shown to have any health benefits. It is considered a toxic substance and taking it can result in raised blood pressure, psychiatric disorders, bleeding in the brain, and cardiovascular problems ranging from shortness of breath and tightening in the chest to heart attack. Its long-term safety has not been demonstrated. Sale of dietary supplements containing DMAA is prohibited in several countries, including the United States, Canada and New Zealand. No therapeutic goods containing DMAA are registered or listed on the Register, and in conjunction with information from peer-reviewed scientific literature and from international regulators, Dr Brent considers that its use in supplements and stimulant products constitutes a serious risk to human health and safety. 37 In relation to cardarine (known on the black market as endurobol), Dr Brent observed that it is a member of a class of substances called Peroxisome-Proliferator Activated Receptor agonists. Animal testing of the drug in about 2007 showed that it caused the rapid development of cancer in several organs in both mice and rats, and there is insufficient clinical data available to assess the long-term health risks associated with its intake by humans. Cardarine is not authorised in Canada for any use, and the World Anti-Doping Agency has prohibited the use of cardarine. Dr Brent further commented that it has no therapeutic use and is not an ingredient in any good entered on the Register. He concluded that it presents a high risk of adverse effects in humans and its claimed use in products such as supplements constitutes a serious risk to human health and safety.
4.2 The impugned conduct 38 The contravening conduct of Evolution involved the advertising of the impugned products on the Website during the relevant period, and on the After Hours Website between 28 October 2019 and 9 January 2020. As I have noted, all of the advertisements amount to a contravention of s 42DLB(1) of the TG Act, by reason that s 42DLB(9) applied. Section 42DLB(7) also applied to many of the advertisements because not only did they refer to therapeutic goods, but they also referred to goods that were listed in schedule 4 of the Poisons Standard. 39 It is also relevant, for the purposes of assessing penalty, to note that many of the advertisements referred to goods containing substances were listed in schedule 10 of the Poisons Standard and which accordingly could not by any means have been permitted to be entered on the Register because of the harm that taking such substances could have to human health. 40 The Secretary provided as an aide memoir to his submissions a 54 page schedule. A simplified version of the schedule is in annexure A to these reasons. Annexure A identifies the product names for each of the 97 impugned products, and assigns each a unique product number. For each product, it identifies the substance or substances which ought not to be advertised as present in the impugned products by reference to whether or not they contain schedule 4 substances, schedule 10 substances or neither. Where the advertisements refer to products containing schedule 4 substances, each of s 42DLB(7) and (9) applies, whereas for the balance s 42DLB(9) alone applies. Accordingly, the impugned products can be divided into four categories, best summarised as follows: (1) Products claimed to contain both schedule 4 and schedule 10 substances. There are 25 products in this category, namely product numbers 1, 2, 3, 4, 5, 10, 11, 12, 18, 22, 25, 27, 31, 37, 39, 40, 41, 42, 50, 62, 63, 69, 91, 98 and 99; (2) Products claimed to contain schedule 10 substances. There are 11 products in this part, namely product numbers 8, 14, 15, 17, 19, 21, 23, 24, 30, 55 and 58; (3) Products claimed to contain schedule 4 substances. There are 45 products in this part, namely product numbers 6, 7, 9, 13, 16, 20, 26, 28, 32, 33, 34, 54, 61, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 92, 93, 94, 95, 96 and 97; and (4) Products claimed to contain therapeutic goods not entered on the Register, but which did not claim to contain any scheduled substances. There are 16 products in this part, namely product numbers 29, 35, 36, 38, 43, 44, 45, 46, 47, 49, 51, 52, 53, 57, 59 and 60. Annexure A identifies the category into which each impugned product falls. Having regard to the evidence, I am satisfied that these categories are appropriate for the goods identified in them. 41 Each product listed in annexure A appears in schedule 2 and/or 4 to the statement of claim. 42 As summarised in the liability judgment at [31], between December 2018 and October 2019 a series of warning letters and responses were exchanged, and conversations were held, between representatives of the Secretary and Mr Keskin on behalf of Evolution. Evolution did not cease advertising the impugned products prior to the commencement of these proceedings, notwithstanding the terms of the s 42DV direction issued to Mr Keskin by the Secretary. 43 Of particular note are the following communications: (1) The first warning letter was sent from the TGA to Mr Keskin on 24 December 2018. From this date, the respondents were on notice of the Secretary's concerns regarding the impugned conduct and had been informed of what the respondents were required to do in order to comply with the TG Act. At no time did they make changes to the Website necessary to bring it into conformity with the respondents' obligations under the TG Act; (2) On 23 January 2019 Mr Keskin was issued with a notice given pursuant to s 42DV of the TG Act, which required him to cause Evolution to cease advertising and publishing references to therapeutic goods not entered on the Register and/or schedule 4 and/or schedule 10 substances within seven days of the notice (s 42DV direction). Mr Keskin failed to do so; (3) On 4 October 2019 the Secretary's solicitors wrote to Mr Keskin advising him that the advertising on the Website continued to contravene the TG Act and the s 42DV direction; (4) In early- to mid-October 2019 the respondents initially engaged with the Secretary's solicitors regarding the required removal of impugned products from the Website; (5) However, on 23 October 2019 the respondents sent an email to their email subscribers, stating that "SARMS are now only available online from 8pm to 4am". This was plainly a response to the Secretary's solicitor's contact with Mr Keskin in early- to mid-October 2019 and amounted in my view to a form of subterfuge engaged by Mr Keskin and Evolution in an attempt to avoid the scrutiny of the Department. 44 Prior to the commencement of the proceedings Evolution continued, in the face of the s 42DV direction issued to Mr Keskin, to maintain the Website and the After Hours Website. As noted in the liability judgment at [7], at the first case management hearing conducted on 3 April 2020, at a time when they were represented by solicitors and counsel, the respondents consented to the making of interim injunctions restraining their conduct. 45 Mr Keskin was at all relevant times the sole director of Evolution, and in a position to influence its conduct in relation to the alleged contraventions of the TG Act: liability judgment at [30]-[37]. He was aware that contraventions of the TG Act were occurring or would occur. The correspondence to which I have referred above outlines aspects of his involvement, and also his approach to the Secretary's warnings, which include his failure to comply with the s 42DV notice.
Associate: Dated: 29 July 2021 Annexure A Product Number Product Name Impugned substances Product category No. of Website advertisement days No. of After Hours Website advertisement days 1 EVO Labs - TRANSFORM - 60 Capsules DMAA (schedule 10) 1 199 272 Ephedra extract (schedule 4) 2 EVO Labs - SHRED - 90 Capsules Cardarine (schedule 10) 1 213 0 Stenabolic (SR9009) (schedule 4) 3 EVO Labs - RECOMP - 90 Capsules Cardarine (schedule 10) 1 213 50 Ostarine (SARM) (schedule 4) Andarine (SARM) (schedule 4) 4 EVO Labs - KONG - 60 Capsules Cardarine (schedule 10) 1 199 73 Ostarine and testolone (SARMs) (schedule 4) Ibutamoren (schedule 4) Ligandrol (SARM) (schedule 4) 5 300 LABZ - LEGACY RECOMPOSITION - 90 Capsules Cardarine (schedule 10) 1 157 0 Stenabolic (SR9009) (schedule 4) Ostarine (SARM) (schedule 4) 6 AGGRESSIVE LABZ - MALEVOLENT - 90 Capsules Testalone (SARM) (schedule 4) 3 157 0 Ligandrol (SARM) (schedule 4) 7 AGGRESSIVE LABZ - TANTALYZE - 60 Capsules Ibutamoren (schedule 4) 3 157 0 Ostarine, S23, Testalone (SARMs) (schedule 4) Ligandrol (SARM) (schedule 4) 8 Enhanced Athlete - CARDARINE - 60 Capsules Cardarine (schedule 10) 2 157 24 9 Enhanced Athlete - Growth Hormone - 60 Capsules Ibutamoren (schedule 4) 3 171 33 10 Medfit RX - DYCARDROL DMHA - 30 powder servings Cardarine (schedule 10) 1 201 50 DMHA (schedule 10) Ligandrol (SARM) (schedule 4) 11 EVO LABS - EXTREME SHRED - 120 Capsules Cardarine (schedule 10) 1 201 1 Andarine (SARM) (schedule 4) Yohimbine (schedule 4) Stenabolic (SR9009) (schedule 4) 12 Olympus Labs - ENDURA SHRED - 90 Capsules Cardarine (schedule 10) 1 187 0 Ostarine (SARM) (schedule 4) 13 EVO LABS - GH-ULTRA25 - 30ml dropper Ibutamoren (schedule 4) 3 171 24 14 EVO LABS - GW ULTRA20 - 60 Capsules Cardarine (schedule 10) 2 171 33 15 EVO LABS - GW-ULTRA20 - 20mg X 30ml dropper Cardarine (schedule 10) 2 171 0 16 EVO LABS - SWOLE - 60 Capsules Ligandrol (SARM) (schedule 4) 3 163 73 Ibutamoren (schedule 4) 17 Focused Nutrition - GW501516 - 90 Capsules Cardarine (schedule 10) 2 157 0 18 Medfit RX - Black Magic - 60 Tablets Cardarine (schedule 10) 1 163 0 Testolone (SARM) (schedule 4) Ligandrol (SARM) (schedule 4) Stenabolic (schedule 4) 19 Medfit RX - JACKED THE RIPPER - 30 powder servings Cardarine (schedule 10) 2 163 73 Andarine (SARM) (schedule 4) 20 Medfit RX - KONG - 30 Tablets No information is provided about the type and dose of ingredients other than it provides "5 SARMS" 3 157 0 21 Olympus Labs - CARDAR1NE - 90 Capsules Cardarine (schedule 10) 2 157 0 22 AGGRESSIVE LABZ - LOCKED IN - 60 Capsules 1, 5-Dimethylhexylamine (DMHA) (schedule 10) 1 154 24 Adrafinil (schedule 4) 23 Hydroxyelite DMAA (schedule 10) 2 144 24 24 AGGRESSIVE LABZ - HADES - 60 Capsules DMAA (schedule 10) 2 144 74 25 EVO LABS - CRUSH'D - 25 powder servings DMAA (schedule 10) 1 154 73 Yohimbine (schedule 4) 26 -EVO LABS - AMNES1A - 120 Capsules Melatonin (schedule 4) 3 144 0 27 AGGRESSIVE LABZ - LEATHERFAZE - 20 powder servings DMAA (schedule 10) 1 158 73 Yohimbine (schedule 4) Synephrine (schedule 4) 28 Enhanced Athlete - CODE RED FAT BURNING CREAM - 4 oz Aminophylline (schedule 4) 3 128 127 Yohimbine (schedule 4) 29 MEDFIT RX - HUMAN GROWTH HORMONE - 2019-05-16_11-18-44 gel 4 142 0 30 300 LABZ - GLORY JUICE - 45 powder servings DMAA (schedule 10) 2 31 0 31 AGGRESSIVE LABZ - Diamondbackz - 60 capsules DMAA (schedule 10) 1 128 0 Yohimbine (schedule 4) Ephedra (schedule 4) 32 AGGRESSIVE LABZ - OPHIDREX HARDCORE - 90 capsules Yohimbine (schedule 4) 3 127 0 Ephedra (schedule 4) 33 AlphaLab Technologies -XTREME MASS - 60 capsules Methylstenbolone (an Anabolic/androgenic Steroidal Agent (AAS)) (schedule 4) 3 127 0 34 ANABOLIC TECHNOLOGIES - XTREME EPI DROL - 60 capsules Epistane and Halodrol (AAS) (schedule 4) 3 127 0 35 BRAINPLUS IQ - 60 capsules 4 144 74 36 EDEN HEALTH ALPHA MALE - 60 capsules 4 124 0 37 EVO LABS - SUPER SHRED - 8 HOURS OF INSANE ENERGY - 90 capsules DMAA (schedule 10) 1 124 73 Yohimbine (schedule 4) Synephrine (schedule 4) 38 FOCUSED NUTRITION - CYCLE CARE - 60 capsules 4 124 0 39 Hi-Tech Pharmaceuticals - LIPODRENE ELITE - 90 tablets DMAA (schedule 10) 1 124 0 Yohimbine (schedule 4) 40 Hi-Tech Pharmaceuticals - LIPODRENE HARDCORE - 90 tablets DMAA (schedule 10) 1 124 0 Yohimbine (schedule 4) Ephedra extract (schedule 4) 41 Hi-Tech Pharmaceuticals - Stimrex HARDCORE - 90 tablets DMAA (schedule 10) 1 138 73 Yohimbine (schedule 4) Ephedra extract (schedule 4) 42 Hi-Tech Pharmaceuticals - Stimrex ES - 90 tablets DMAA (schedule 10) 1 138 73 Yohimbine (schedule 4) Ephedra extract (schedule 4) Synephrine (schedule 4) 43 Life Extension - Vitamin D3 - 7000IU - 60 Softgel Tablets 4 138 22 44 Life Extension - Optimized Ashwagandha Extract - 60 capsules 4 138 74 45 Liquid Zeolite Co.Inc - ULTRA - liquid Zeolite - 30 servings dropper 4 124 74 46 Muscle Gelz - AndroShred gel 4 124 0 47 Nature's Way - MSM 1000mg - Pure OptiMSM - 200 Tablets 4 124 127 48 - - - - - 49 NEW CHAPTER - MIND FORCE - 60 Capsules 4 144 74 50 NUTRA-PRO - OXY-V - 50 capsules DMAA (schedule 10) 1 124 73 Yohimbine (schedule 4) 51 Olympus Labs - SUP3R-7 - 60 capsules 4 144 0 52 Sunfood Superfoods OCEANS ALIVE 2.0 MARINE PHYTOPLANKTON - 30 servings dropper 4 124 74 53 WellBetX - Berberine - 500mg - 60 Vegetarian Capsules 4 124 74 54 MEDFIT RX - TESTOSTERONE gel Testosterone (schedule 4) 3 31 0 55 AGGRESSIVE LABZ - JAKKED AF - 45 powder servings DMHA (schedule 10) 2 31 0 56 - - - - - 57 Enhanced Athlete - GENIUS - 60 Capsules 4 61 74 58 EVO LABS - SHARP - 120 Capsules DMAA (schedule 10) 2 61 55 Yohimbine (schedule 4) 59 Neurella Labs - Neurella - 120 capsules 4 61 74 60 ONNIT - Alpha Brain - 30 Capsules 4 144 51 61 UNDERGROUND PHARMA MAXIMUS - 90 CAPSULES Methylstenbolone (AAS) (schedule 4) 3 0 56 Dimethazine (AAS) (schedule 4) 62 300 LABZ - CLENAVAR - 90 CAPSULES DMAA (schedule 10) 1 0 56 Synephrine (schedule 4) Noopept (schedule 4) 63 300 LABZ - FIRE STACK - 45 CAPSULES DMAA (schedule 10) 1 0 56 Yohimbine (schedule 4) Noopept (schedule 4) 64 Aggressive Labz - MAXX DMZ - 60 Capsules Methylstenbolone (AAS) (schedule 4) 3 0 56 Dimethazine (AAS) (schedule 4) 65 Enhanced Athlete - LIGAN-ELITE LDG-3303 - 60 Capsules LGD-3303 (SARM) (schedule 4) 3 1 56 66 Enhanced Athlete - S-23 VENOM - 60 Capsules S-23 (SARM) (schedule 4) 3 1 56 67 Enhanced Athlete - ACE-XT (ACP-105) - 60 Capsules ACP-105 (SARM) (schedule 4) 3 1 33 68 Enhanced Athlete - ANDARINE S4 - 60 Capsules Andarine (SARM) (schedule 4) 3 171 56 69 Enhanced Athlete - CENTAURUS - 60 Capsules Cardarine (schedule 10) 1 1 56 Ligandrol (SARM) (schedule 4) 70 Enhanced Athlete - Yohimbine - 120 Capsules Yohimbine (schedule 4) 3 0 56 71 EVO LABS - BEAST - 30ML dropper YK-11, Stenabolic (SR9009) and Testalone (SARMs) (schedule 4) 3 0 56 72 EVO LABS - BEAST - 90 Capsules YK-11 (SARM) (schedule 4) 3 1 56 Stenabolic (SR9009) and Testolone (SARMs) (schedule 4) 73 EVO LABS - GH-ULTRA 25 - 60 Capsules Ibutamoren (schedule 4) 3 1 56 74 EVO LABS - LGD-ULTRA 10 - 30ml dropper Ligandrol (SARM) (schedule 4) 3 0 56 75 EVO LABS - LGD-ULTRA 10 - 60 Capsules Ligandrol (SARM) (schedule 4) 3 1 56 76 EVO LABS - LGD2226 - 30 ml dropper Ligandrol (SARM) (schedule 4) 3 1 33 77 EVO LABS - LGD33-ULTRA 15 - 30ml dropper Ligandrol (SARM) (schedule 4) 3 1 56 78 EVO LABS - LGD33-ULTRA 15 - 60 Capsules Ligandrol (SARM) (schedule 4) 3 1 56 79 EVO LABS - OSTA-ULTRA 50 - 30ml dropper Ostarine (SARM) (schedule 4) 3 1 56 80 EVO LABS - OSTA-ULTRA 50 - 60 Capsules Ostarine (SARM) (schedule 4) 3 1 56 81 EVO LABS - RAD ULTRA 10 - 60 Capsules Testolone (RAD140) (SARM) (schedule 4) 3 0 33 82 EVO LABS - RAD-ULTRA 10 - 30ml dropper Testolone (SARM) (schedule 4) 3 1 55 83 EVO LABS - RIPPED - 90 Capsules Testolone (RAD140) (SARM) (schedule 4) 3 171 55 84 EVO LABS - S23 - 25mg x 30mL dropper S23 (SARM) (schedule 4) 3 171 55 85 EVO LABS - S23 ULTRA 25 - 60 Capsules S23 (SARM) (schedule 4) 3 0 55 86 EVO LABS - S23-ULTRA 25 - 30ml dropper S23 (SARM) (schedule 4) 3 0 55 87 EVO LABS - S4 ULTRA 50 - 90 Capsules Andarine (S4) (SARM) (schedule 4) 3 1 55 88 EVO LABS - S4-ULTRA 50 - 30ml dropper Andarine (SARM) (schedule 4) 3 1 55 89 EVO LABS - SR-ULTRA 20 - 30ml dropper Stenabolic (SR9009) (SARM) (schedule 4) 3 171 55 90 EVO LABS - SWOLE - 30ML dropper Ligandrol (SARM) (schedule 4) 3 0 55 Ibutamoren (schedule 4) 91 Evo Labs - TRANSFORMER DETOX STACK DMAA (schedule 10) 1 0 55 Ephedra extract (schedule 4) 92 EVO LABS - ULTIMATE MASS - 30ml dropper Ligandrol (SARM) (schedule 4) 3 1 32 YK-11, Testalone and Ostarine (SARMs) (schedule 4) Stenabolic (SR9009) (schedule 4) 93 EVO LABS - ULTIMATE MASS - 60 Capsules Ligandrol (SARM) (schedule 4) 3 1 56 Stenabolic (SR9009) and Testolone (schedule 4) 94 EVO LABS - YK ULTRA 10 - 60 Capsules YK-11 (SARM) (schedule 4) 3 1 56 95 EVO LABS - ZEUS - 60 Capsules Ostarine, Testalone, S23 and LGD 3303 (SARMs) (schedule 4) 3 0 56 Ibutamoren (schedule 4) Ligandrol (SARM) (schedule 4) 96 Olympus Labs - SUP3R-EPI ELITE Epiandrosterone (Steroid Hormone) (schedule 4) 3 0 56 97 SUNDOWN NATURALS - MELATONIN 10 MG - 90 Capsules Melatonin (schedule 4) 3 0 109 98 THE KONG STACK Cardarine (schedule 10) 1 0 56 Ostarine and Testolone (SARMs) (schedule 4) Ibutamoren (schedule 4) Ligandrol (SARM) (schedule 4) 99 ULTIMATE LEAN MASS STACK DMAA (schedule 10) 1 0 55 Ephedra extract (schedule 4) Stenabolic (SR9009) (schedule 4) Ostarine and Testolone (SARMs) (schedule 4)
Secretary, Department of Health
Evolution Supplements Australia Pty Ltd
[2005] HCA 25
(1938) 60 CLR 336
(1980) 23 SASR 364