Priceline, Pharmacy 4 Less: rapid test sales under TGA investigation

Two major pharmacy chains are yet to respond to allegations some stores had sold rapid antigen tests in sandwich bags at marked-up prices after breaking them out of multipacks.

Questions about rapid antigen tests being sold in snaplock sandwich bags at marked-up prices have gone unanswered by two major pharmacy chains as an investigation into allegations begins.

Australia’s Therapeutic Goods Association has confirmed it is now investigating retailers and distributors who may have unlawfully repackaged and relabelled Covid rapid antigen tests by breaking them out of multipacks and selling them individually at marked-up prices.

All retailers are obliged under the Therapeutic Goods Act 1989 to only repackage and relabel medical devices such as rapid tests with the sponsor’s authority and manufacturer’s directions.

Failures to do so can elicit fines of up to $888,000 for individuals or $4.44 million for corporations, or civil penalties of up to $1.11 million for individuals or $11.1 million for corporations.

The St George Shire Standard has obtained evidence indicating at least two major retailers are allegedly engaging in the practice of breaking apart multipacks as desperate people shell out whatever it takes to obtain the elusive tests.

These tests were bought by the St George Shire Standard at a Pharmacy4Less in Sydney’s south.

On January 2, the Standard purchased two Innoscreen nasal swab tests from a Pharmacy4Less in Caringbah at $20 each.

As of last week the Innoscreen tests could be bought online in multipacks of 20 tests for as little as $245 in total – or $12.25 per test.

The nasal swabs were provided individually in snaplock bags with photocopied instructions instead of in Innoscreen packaging with their official printed instructions.

The price represented a mark-up of 63 per cent per test based on widely listed online retail prices.

The receipt for two Innoscreen tests purchased as individual tests outside of their original multipack at the Pharmacy4Less in Sydney’s south.

On January 10, a Daily Telegraph reporter bought two Innoscreen rapid antigen tests for $25 each at a well-known convenience store chain in Sydney’s east.

The tests, sold individually outside their regular packaging, clearly say “do not use if package is damaged”.

The Standard obtained images alleging a Priceline Pharmacy in Sydney’s east was selling Innoscreen tests in snaplock bags – rather than the original packaging – at $90 for five tests, or $18 each.

Further images obtained show tests allegedly bought at a Priceline Pharmacy in Sydney’s north in snaplock bags with no instructions, and tests bought for $20 each in snaplock bags at a Priceline Pharmacy in the Parramatta local government area.

Another set of images depict Innoscreen tests in snaplock bags instead of the original packaging which were sold for $68 for four – or $17 each – at a Priceline in Sydney’s inner southwest.

Tests bought at a Priceline in Sydney's inner southwest.

The tests from that Priceline sold outside their packaging.

Yet more images appear to show a Priceline Pharmacy on Sydney’s north shore and another in the wider Penrith region were also selling the individual Innoscreen tests in snaplock bags, with no price specified.

In further claims seen by the Standard, aPharmacy4Less in Sydney’s north was allegedly selling single tests in snaplock bags with photocopied instructions for $20 per test.

Tests bought at a Pharmacy4Less in Sydney's inner suburbs outside of their packaging.

On January 4, images indicate a Pharmacy4Less in Sydney’s west was allegedly selling individual Innoscreen tests in snaplock bags with photocopied instructions for $19.95 per test.

Another Pharmacy4Less in Sydney’s inner suburbs allegedly sold individual Innoscreen tests out of their original packaging for $19.99 each,

The Standard is aware of at least three other independent pharmacies and retailers – one in Surry Hills, one in Sydney Olympic Park and one in Campsie – breaking apart multipacks and selling individual tests for up to $20 each.

These tests were bought at a Pharmacy4Less in Sydney's west.

The Standard made multiple attempts to contact both Priceline and Pharmacy4Less regarding the allegations.

Priceline acknowledged the initial contact but did not provide a response after multiple requests.

Pharmacy4Less never responded to the request for comment.

“Distributors and vendors should only repackage and relabel a medical device at the direction of the sponsor, and with appropriate arrangements in place with the manufacturer of the device as stated on its label,” the TGA said in a statement to the Standard.

“Any updated packaging and labelling to be supplied with the devices must be TGA-approved versions that have undergone review as part of a regulatory submission.”

The TGA said if someone repackages and relabels a medical device such as a rapid antigen test without complying with their requirements, the repackaged medical device can become a legally different device to the one approved in the Australian Register of Therapeutic Goods.

“As a result, the person who repackages and then onsells that device may be breaking the law,” the TGA said in their statement.

“The TGA has commenced investigations into allegations that COVID-19 test kits are being repackaged and relabelled illegally.”