A Brisbane fitness company director who sold banned performance-enhancing products that could cause "serious physical harm" has avoided going to jail.
Jeffrey Charles Croucher, sole director of Healthhub247, was sentenced to 12 months' imprisonment but granted immediate release in the Brisbane District Court on Tuesday.
Croucher pleaded guilty to manufacturing, counterfeiting, supplying and advertising performance-enhancing product DMAA, used as a stimulant in a variety of supplements including pre-workouts and fat burners.
DMAA was banned as an ingredient in Australia in 2012.
The amphetamine derivative was originally developed as a nasal decongestant before gaining popularity in the fitness industry, the court was told.
Croucher breached the federal Therapeutic Goods Act and faced a maximum five years' imprisonment and fines of up to $888,000.
Prosecutor Ben Jackson said there were genuine health concerns about the product.
"At that time it had no current accepted therapeutic use and indeed, to this day, it does not," Mr Jackson said.
"Importantly there are a number of significant adverse effects including cardiac, nervous and psychiatry disorders that have been reported with the use of that particular drug.
"The potential for misuse and abuse is high."
Croucher ignored warnings and advice from the Therapeutic Goods Administration and continued selling and promoting DDMA through his online company before being raided by authorities.
The court was told that despite legislative changes preventing the sale of DDMA, Croucher was "willfully blind" to the dangers.
"You got a warning, a search warrant issued and you still kept going because you formed your own view about whether these goods were dangerous or not," Judge Julie Dick said.
"We have a Therapeutic Goods Administration for the very reason of controlling the availability of certain goods and drugs within Australia, and the most serious part of your offending is that you ignored those warnings."
Croucher's serious health concerns were taken into account before he was sentenced to 12 months in prison, granted immediate release and not financially penalised.
