From the 30th November 2023, sports supplements that make claims relating to performance in sport, exercise or recreational activity and are in a medicinal dosage form (eg, tablet, capsule or pill) other than products that only contain glucose, will be regulated as therapeutic goods.
This means they must be included in the Australian Register of Therapeutic Goods (ARTG) and will need to meet the applicable legislative requirements for manufacturing, formulation, labelling and evidence.
Therapeutic use includes, but is not limited to the following functions;
Manufacturers / importers may make a commercial decision to withdraw their sports supplements from the market or have the product reformulated to be considered as food, rather than be regulated as therapeutic goods.
Sports supplements that meet the requirements of the Food Standard Code and are presented in a typical food form will not be affected by the changed requirements. This includes food products such as protein powders, nutrition bars and energy drinks.
Sport supplements that contain high risk or restricted ingredients captured in the Therapeutic Goods (Declared Goods) Order 2019 will continue to be regulated as therapeutic goods.
For sports supplements that are currently included on the Australian Register of Therapeutic Goods (ARTG) there will be no change to requirements.
Should you have any further questions or require more information in the meantime, please do not hesitate to contact a member of the team for guidance