Australian clothing label Lorna Jane has been fined almost $40,000 for advertising "anti-virus activewear" they claimed protected wearers against infectious diseases.
The Therapeutic Goods Administration (TGA) found the description on the brand's website implied the clothing was effective against coronavirus and subsequently issued three infringement notices totalling $39,960.
"This kind of advertising could have detrimental consequences for the Australian community, creating a false sense of security and leading people to be less vigilant about hygiene and social distancing," John Skerritt, deputy secretary of the Department of Health, said in a statement on Friday.
As the activewear was presented for therapeutic use, the TGA alleged that the company was subject to regulations administered by the watchdog.
The brand launched the "exclusive technology" earlier this month, claiming the clothing was coated in a "world-first" mist called LJ Shield that "terminated" any bacteria that comes in contact with the garment.
On Thursday, however, the range was rebranded from "anti-virus" to "anti-bacterial" after the president of the Royal Australian College of General Practitioners accused the company of making false claims.
"I suspect Lorna Jane are cynically trying to exploit fears concerning the COVID-19 pandemic to sell clothes," Dr Harry Nespolon said.
"The real problem with marketing products like this is that it can lull people into a false sense of security and make them less likely to wash their hands regularly, socially distance or wear a mask where distancing is impractical."
In a statement on their website, Lorna Jane said they named their technology at the beginning of the year.
"Now with there being such a focus on the COVID-19 virus and recent press making that the only focus, we didn't want to mislead anyone," the website read.
"Our testing shows that LJ Shield is an important part of stopping the spread of both bacteria and viral infections and should be used in combination with other precautionary measures such as face masks and thorough and frequent hand washing."
The TGA has previously issued a warning to consumers about illegal advertising related to coronavirus, including products that claim to "kill COVID-19", air purifiers that help fight the virus, medicines that claim to stop infections, and a medical device that can treat a number of serious diseases, including coronavirus, HIV/AIDS, and cancer.
"The promotion of therapeutic goods to consumers for the prevention or treatment of novel coronavirus is likely to contravene the legislative requirements for a range of reasons, including unsupported claims or making a restricted representation," the TGA said in February.
Residents in metropolitan Melbourne are subject to stay-at-home orders and can only leave home for essential work, study, exercise or care responsibilities. People are also advised to wear masks in public.
People in Australia must stay at least 1.5 metres away from others. Check your state’s restrictions on gathering limits.
If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080.
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