Sports Supplements regulatory changes - What is the impact?
The recent changes now capture some sports supplements that were previously considered as foods to be Therapeutic Goods. The new declaration means these goods, inteneded for oral administration and that that are represented for the improvement or maintenance of physical or mental performance in sport, exercise or recreational activity are now therapeutic if they contain, or imply they contain, one or more of the substances included in a schedule to the current Poisons Standard; or a substance expressly identified on the Prohibited List that is added as an ingredient to the goods.
On or after 30 November 2023, goods formerly considered foods will now be classed as therapeutic goods if they are presented as a tablet, capsule or pill and are to be used or advertised for therapeutic use.
What does this include? What’s a therapeutic use for a supplement?
Anything from gaining muscle, increasing metabolism or stamina, to losing fat or preparing and recovering from a workout. And more…
Certain products that are clearly foods are not affected - protein powders, nutrition bars and energy drinks. And sports supplements that do not fall within the declaration, and are marketed as foods can still make sports-related health claims as permitted by the standard(s). Need info on this? See the FSANZ website
Why has this happened? Is there safety concerns with foods?
Yes and no - these changes have been implemented because there are some safety risks with certain sports supplements that have been readily available for sale as foods in Australia. By making it clear in law which sports supplements are considered therapeutic goods, and which are foods ensures that regulation is appropriate for the level of safety or risk the goods pose to consumers.
Need some more information?
Can these products still be sold or advertised? When the declaration comes into effect (30th Nov 2020 or 30th Nov 2023), affected sports supplements will not be able to be released by a sponsor until the product is compliant with the relevant legislative requirements. From the date of effect, anyone advertising the product must also comply with relevant legislative requirements relating to advertising.
