Augustine Approved Declares Unlawful Harassment by the APVMA

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For Immediate Release

On 8 August 2025, Augustine Approved Pty Ltd (“Augustine Approved”) announced that it is once again being unlawfully harassed by the Australian Pesticides and Veterinary Medicines Authority ("APVMA") following the issuance of two infringement notices (“Notices”) on 26 June 2025 regarding the sale of two of its certified organic products, SuperHeal and Raw Coconut Oil, incurring penalties of $15,337 and $9,390, respectively.

Augustine Approved has formally objected to the Notices under Section 145DD of the Agricultural and Veterinary Chemicals Code (“Agvet Code”), demanding their immediate withdrawal. Augustine Approved maintains that the Notices are jurisdictionally invalid, procedurally defective, and legally void.

Allegations Against the APVMA

In its formal objection, Augustine Approved details serious allegations against the APVMA, including:

• Jurisdictional Breaches:

• The Notices were issued in breach of statutory limitation periods under Sections 145DA(2) and 147(1)(b) of the Agvet Code.
• The APVMA first acknowledged awareness of the products in 2014, making the 2025 Notices up to nine years out of time.

• Ultra Vires Misclassification:

• The APVMA has mischaracterised food-grade, natural products as “veterinary chemical products,” contrary to Schedule 3AA of the Agricultural and Veterinary Chemicals Code Regulations 1995.
• Raw Coconut Oil is plainly exempt as a nutritional food substance, while SuperHeal falls under cosmetic exemptions.

• Procedural Defects & Lack of Evidence:

• No sampling, laboratory testing, or expert review was conducted before issuing the Notices.
• No specific evidence—such as product labels, batch records, or verified claims—was provided.
• The alleged claims are common nutritional descriptors, not veterinary therapeutic claims.
• The APVMA executed an investigation warrant in 2016 at Mr. Christodoulou’s private residence to investigate items outside its jurisdiction and to provide a staff member with the warrant experience required for promotion to a managerial role.

• Breach of Public Service Obligations & Natural Justice:

• Arbitrary escalation and scope changes without explanation.
• Multiple failures to respond to correspondence and a denial of a meaningful opportunity to be heard.
• Use of covert operations and private investigators without lawful authority.
• Disproportionate penalties totalling $24,727 for long-sold certified organic products, with no evidence of harm.

• Abuse of Process & Res Judicata:

• The matter was formally closed by the APVMA in 2017, with a written assurance of no further action.
• Reopening the same issues in 2024 without new evidence breaches the principle of finality in administrative decision-making.

• Failure to Act as a Model Litigant:

• The APVMA has ignored its obligations under the Legal Services Directions 2017, escalating enforcement without justification and causing significant commercial and psychological harm.

Relief Sought

Augustine Approved is demanding that the APVMA:

1. Immediately withdraw Infringement Notices IN-2024/203-1 and IN-2024/203-2.
2. Terminate all enforcement activity against Augustine Approved products.
3. Issue a public retraction of the Notices and any related publications.
4. Enter into good-faith negotiations to address financial loss, reputational damage, and indemnity for legal costs.

Further, Augustine Approved is seeking a written undertaking that no further regulatory or enforcement action will be initiated in relation to the same products based on substantially the same facts or circumstances, nor will any future action be treated as a separate or new offence arising from the same or materially similar conduct.

The APVMA has failed to acknowledge receipt of Augustine Approved’s formal objection and has not complied with the 14-day period set out in the objection. Augustine Approved will now escalate the matter by:

• Lodging a formal complaint with the Commonwealth Ombudsman;
• Requesting an audit from the Auditor-General under Section 20 of the Auditor-General Act 1997;
• Referring the matter to the Minister for Agriculture, Senate Estimates, and other parliamentary oversight bodies;
• Commencing Federal Court proceedings for declaratory and injunctive relief, damages for misfeasance in public office, and indemnity costs.

Early projected revenue loss: $18–20 million, with ongoing losses continuing to accrue.

Statement from Phivo Christodoulou, Director of Augustine Approved:

“This is not regulation—this is 11 years of targeted harassment of a company that has been a pioneer in raising safety and quality standards in the pet industry. Ironically, APVMA-registered chemical products are responsible for countless adverse reactions, and yet the companies behind them are not subjected to any real-world consequences, let alone the issuance of infringement notices.

We are dealing with a Commonwealth regulator that was the subject of a scathing review in 2023 that came after allegations surfaced in a Senate inquiry suggesting an employee urinated on colleagues following a workplace Christmas party. The APVMA were found to have been subject to regular complaints of misconduct and yet it continues to abuse its powers and waste taxpayer resources to harass small businesses that are doing the right thing.

The APVMA’s actions are not only illegal, but irrational and irresponsible. I am not against regulation, but this behaviour is not in the public interest. We will not allow a Federal agency to crush natural health innovation in Australia with absurd claims and without any substantiating evidence of safety or health concerns.

Wholefoods will never be veterinary chemical medicines. We are not backing down.”

About Augustine Approved

Augustine Approved Pty Ltd is an Australian-owned company and the first in the world to produce certified organic products for dogs and cats to human standards. Augustine Approved is committed to improving the health and wellbeing of animals and people through certified organic and wild-harvested, food-based supplements and skincare. Its philosophy is built on transparency, safety, and the belief that natural nutrition is the cornerstone of long-term wellness.

UPDATE

On Monday 11th August 2025, Augustine Approved lodged a complaint with the Commonwealth Ombudsman. As of Monday 22nd September 2025, Augustine Approved is yet to hear back from the APVMA - 60 days after issuing the Formal Objection.

CLICK HERE TO READ THE DRAFT AGVET CODE REFORM PROPOSAL

Media Contact:
Phivo Christodoulou
Director, Augustine Approved Pty Ltd
0402 213 300
info@augustineapproved.com
www.augustineapproved.com