Source: Australian Department of Health
Before you advertise therapeutic goods, it is your responsibility to ensure the advertising complies with the legislative requirements specified in the Therapeutic Goods Act 1989 (the Act).
These requirements are in the form of offences in the Act, including an offence for consumer advertisements that do not comply with the Therapeutic Goods Advertising Code (the Code). The Code sets out a range of requirements to ensure advertisements are socially responsible and do not mislead or deceive the consumer. Advertisements also need to comply with other relevant laws (e.g. the Competition and Consumer Act 2010).
The TGA has published guidance to assist advertisers understand and apply the requirements of the Act and the Code. In addition, the following checklist may assist you in assessing your consumer advertising for compliance with the Act and Code requirements.
This checklist does not cover price information for prescription and some Schedule 3 medicines, which are required to comply with Schedule 4 of the Code only.
This checklist has been designed to assist advertisers to assess their consumer advertising for compliance with the Therapeutic Goods Act 1989 and the Therapeutic Goods Advertising Code (No.2) 2018.