Directors’ and Officers’ liability for breaches of the Australian Therapeutic Goods Act – Update

Non-compliance with the Therapeutic Goods Act or the Therapeutic Goods Advertising Code can result in infringement notices and court proceedings being issued by the regulator against the company and its directors and officers. Ignorance of the law is no excuse. We review some recent court decisions which highlight key matters for company directors to consider in order to minimize the risk of personal civil liability for breach of the TG Act and related criminal prosecution.