Briner v The Happy Herb Company

In the matter of *Briner v The Happy Herb Company*, the applicant, Briner, sought to restrain the respondent, The Happy Herb Company, from continuing to sell certain products containing CBD. Briner alleged that the sale of these products constituted a contravention of the *Therapeutic Goods Act 1989* (Cth) and the *Australian Consumer Law* (ACL). The case was heard in the Federal Court of Australia.

The primary legal issues before the Court were whether the respondent's products, which contained cannabidiol (CBD), were unlawful medicines or therapeutic goods under the *Therapeutic Goods Act 1989* (Cth) due to their unapproved status. Additionally, the Court was required to determine whether the respondent's marketing and sale of these products amounted to misleading or deceptive conduct in contravention of the ACL.

Judge Driver found that the respondent's products, containing CBD, were indeed therapeutic goods that had not been entered on the Australian Register of Therapeutic Goods (ARTG) and were not otherwise permitted for supply. Consequently, their sale was prohibited under the *Therapeutic Goods Act 1989* (Cth). The Court also determined that the respondent had engaged in misleading and deceptive conduct in contravention of the ACL by representing that its products were safe and effective for therapeutic use when they had not undergone the necessary regulatory approval. The Court made orders restraining the respondent from continuing to sell the products and requiring the removal of existing stock.