Jeffrey Croucher: HealthHub247 director sentenced for illegal sales

A Moreton Bay retailer of health supplements and its director have pleaded guilty in a novel case of a type never before heard in Queensland.

A Moreton Bay retailer of nutritional and fitness supplements marketed, manufactured and retailed a counterfeit supplement known to induce heart-attacks, nervous and psychiatric disorders, a court has heard.

Redcliffe man Jeffrey Croucher, 65, the sole director of HealthHub247 Pty Ltd, pleaded guilty in Brisbane District Court to 70 charges relating to both himself and his role at the company.

All charges related to the supply, manufacture, marketing and counterfeiting of pre-workout stimulant DMAA (1,3 dimethylamylamine), which was banned in Australia in 2012.

Commonwealth prosecutor Matt Jackson told the court the amphetamine-based substance, originally marketed as a nasal decongestant, had “no current accepted therapeutic use”.

“It has a number of significant adverse effects (including) cardiac, nervous and psychiatric disorders,” Mr Jackson said.

“It’s potential of misuse and abuse is high.”

The court heard Croucher established HealthHub247 in 2015 after a long career in retail and online sales.

Redcliffe man Jeffrey Charles Croucher, 65, leaving Brisbane District Court. Picture: Liam Kidston

Through a contact gleaned from an earlier business venture, Croucher gained access to a supply of DMAA, which he supplied, marketed, manufactured and counterfeited over a six-month period from March 6 and September 13, 2018.

Mr Jackson said the charges against Croucher had never been before considered by a higher court in Queensland as the charges stemmed from a change to the Therapeutic Goods Act 1989, which came into effect the day Croucher’s offending began.

Mr Jackson said Croucher’s offending was aggravated by the fact the Therapeutic Goods Administration reached out three times to warn Croucher he was involved, once before the changes came into effect, on October 6, 2017, once on April 19, 2018, and again on June 4, when a search warrant was executed

Defence counsel Mark McCarthy submitted that, notwithstanding the repeat warnings the TGA conveyed to Croucher, his offending was low-level.

He told the court HealthHub247’s total profit from supplying DMAA was $260 and that his client never received the first warning in October 2017.

Furthermore, he said the manufacturing DMAA charge related to affixing labels to the product, while the counterfeiting DMAA charge related to the accidental affixing of an incorrect label to the product.

He submitted HealthHub247 was a ghost company with debts of $80,000 which only remained registered due to the possibility of it being a tax offset.

Mr McCarthy said his client was currently employed as a rideshare driver earning $800 a month and was beleaguered by myriad health problems.

He said aside from the current offending, Croucher was a “useful” member of society with no criminal history.

It’s previously been reported Croucher was a well-known identity on the Redcliffe peninsula, involving himself in the Moreton Bay Boat Club and Meals On Wheels Redcliffe.

Judge Julie Dick SC told the court that were it not for Croucher’s health, she would have “no problem” ordering him to serve a period of actual jail time.

She said Croucher had a “less than clear” view of how serious his offending was.

“You formed your own view about these goods,” Judge Dick said.

Croucher was sentenced to 12 months’ imprisonment, wholly suspended for an operation period of two years upon entering into a $1000 good-behaviour bond.

The entity HealthHub247 was convicted but no fine imposed, in light of its parlous financial position.