Mordi Skeptics Submission To TGA Review Panel 11-3-11
Mordi Skeptics Submission To TGA Review Panel 11-3-11
Mordi Skeptics Submission To TGA Review Panel 11-3-11
SUBMISSION TO TGA TRANSPARENCY REVIEW PANEL
March 2011
Introduction
The Mordi Skeptics in the Pub are a local group of around 82 consumers who enjoy
exploring things underpinned by science, evidence and reason in a social setting. We meet
monthly at the Mordialloc Sporting Club, south of Melbourne. We discuss anything science‐
based and any aspect of society that is being undermined by nonsense but should be
illuminated by evidence.1 We have loose links to the Victorian Skeptics and the Australian
Skeptics through some common membership, but we are not part of their formal
organisation structures.
Some of our members attended the consultative meeting with the Transparency Review
Panel in Melbourne on Tuesday 1 March 2011. They reported on this meeting to a
subsequent meeting of the Mordi Skeptics in the Pub, where they were authorised to
prepare and lodge this submission to the Review Panel on behalf of the Mordi Skeptics.
The need for transparency between products tested for efficacy and those which are not
We are highly critical of the lack of clear distinction between evidence based medicine and
so‐called ‘alternative medicine’ or quackery . To elevate quackery to the same level as
evidence based medicine is not only a lack of transparency, but also a failure of adequate
consumer protection, in our view.
Much of so‐called ‘alternative medicine’ lacks scientific grounding and repeated clinical
studies, showing a lack of evidence of efficacy beyond that of a placebo. We are most
concerned that whilst so‐called ‘alternative medicine’ may be safe, its lack of efficacy could
result in serious illness or death when used as a substitute for evidence‐based medicine.
1
Our web site is at http://www.meetup.com/Mordi‐Skeptics‐in‐the‐Pub/
2
As a graphic example, we draw the Panel’s attention to the WA Coroner’s Report in relation
to the death of Penelope Dingle,2 which is now available as a PDF file at: http://bit.ly/dIFWiS
This report has taken a long time to emerge – Ms. Dingle died in 2005. It makes distressing
and depressing reading. Homeopathy played a big part in the painful slow death of Ms.
Dingle from what should have been a survivable rectal cancer. The Coroner found in this
case:
“In her decision‐making the deceased placed great reliance on Mrs Scrayen who
represented to her that she could treat cancer by homeopathy. While I accept the
evidence of Sylvia Neubacher to the effect that making such a representation went
beyond the Australian Homeopathic Association Code of Conduct and that the
Association has attempted to provide accountable structures to ensure that
homeopathic practitioners are qualified and have medical and professional standards
which would provide a safeguard to consumers, I have serious reservations about any
efforts to register or otherwise legitimise homeopathy or other similar alternative
forms of medicine”. (our emphasis)
The Coroner recommended as follows:
Recommendation No. 1
“I recommend that the Commonwealth and State Departments of Health review the
legislative framework relating to complementary and alternative medicine
practitioners and practices with a view to ensuring that there are no mixed messages
provided to vulnerable patients and that science based medicine and alternative
medicine are treated differently”. (our emphasis)
We therefore request that the Review Panel do all that it can to implement this
recommendation in its report.
Post‐modernist equivalence
We are critical of the post‐modernist fashion of equating all providers or purported
providers of health‐related services by calling them ‘health professionals’. This highly
misleading term could be interpreted as equally applying to a leading brain surgeon, a
homeopath or an aromatherapist. We suggest that the using the separate terms ‘qualified
medical practitioner’ and ‘alternative health service provider’ would be more transparent.
Lack of transparency at point of sale
Having regard to the Review Panel’s specific terms of reference, our main concerns are
about the lack of transparency of the TGA’s role at the point of sale of therapeutic goods i.e.
2
We note that some members of the Review Panel were aware of this case at the consultative meeting.
3
in the pharmacy. We are most concerned that many consumers are not aware of the TGA’s
role in regulating therapeutic goods and the misconceptions this is likely to cause amongst
consumers.
In particular, we strongly doubt that many consumers are aware of the difference between
products registered or listed on the Australian Register of Therapeutic Goods (ARTG). Few
consumers would be aware that listed products are not tested or approved by the TGA for
efficacy. Listed products are sold:
• in a pharmacy, often by an authoritative‐looking person wearing a white laboratory
coat with a name tag saying ‘pharmacist’;
• in packaging which is often not readily distinguishable from registered products; and
• sometimes even advertised and/or displayed on the prescription counter of the
pharmacy.
These factors could easily mislead consumers into thinking that the product in question has
an implied endorsement by the relevant government authority and/or the pharmacological
profession.
As a real example of this confusion, one of our members brought along to the meeting with
the Review Panel a therapeutic goods product that he had recently purchased from his local
pharmacy. The packaging of this product looked indistinguishable in appearance from a
prescription medicine, which was obviously a marketing ploy. None of us could find any
information on the packet as to whether it was a TGA registered or listed product. Even one
of the panel members couldn’t find this information either, until she took it to another
panel member or TGA officer who found the code for a listed product on one side of the
packet in small print. The orientation was such as to require the box to be turned sideways
to read the ‘AUST‐L’ marking.
This is hardly a good example of transparency. Consumers have a right to be unequivocally
informed that listed therapeutic goods have not been tested or approved by the TGA for
efficacy. Likewise, the ‘AUST‐L’ marking would be more meaningful if ‘No data available
regarding efficacy’ were added by way of explanation.
Lack of transparency of TGA web site
We have had difficulty in locating information on the TGA web site. In comparison with
other government web sites, the TGA site is not easy to navigate. We therefore suggest
that it may be time for an independent review of this web site, from both a consumer and a
medical practitioner perspective.
4
Lack of clear complaints procedure
We note that whilst the TGA web site does provide some information on how to lodge a
complaint, it is not directly accessible from the home page and some drilling down is
required to find it. Even then, there is no provision for an online complaint; and no
information is provided as to how complaints are dealt with.
In contrast, the ABC provides clear instructions on how to make a complaint, and indicates
how, and in what time‐frame the complaint will be addressed. Their complaints page is:
http://www.abc.net.au/contact/complaints.htm
Our recommendations
1. That the Review Panel do all that it can to implement the recommendation of the
WA Coroner’s Report on the death of Penelope Dingle in its report.
2. That the Review Panel refrain from using the term ‘health professionals’ for all, but
instead distinguish between alternative and conventional providers; and that the
Review Panel encourage the TGA to do the same.
3. That consumers be unequivocally informed that listed therapeutic goods have not
been tested or approved by the TGA for efficacy: (1) on the TGA web site, (2) in
consumer information including television and printed advertising and (3) on the
packaging of all listed therapeutic goods.
4. That only registered products be allowed to be advertised and/or displayed on the
prescription counter of pharmacies.
5. That there be an independent review of the TGA web site from both a consumer and
a medical practitioner perspective.
6. That the TGA web site include provision for online complaints and also provide
information as to how complaints are dealt with.
***