Navigating advertising compliance for therapeutic goods in Australia can feel like walking a tightrope. With multiple advertising laws enforced by different regulators, businesses must tread carefully to avoid penalties or legal complications. Whether you’re marketing to the public or healthcare professionals, understanding the rules is critical for staying compliant while reaching your target audience effectively.
Advertising and Promotional Material Review Services
At Adjutor, we specialise in ensuring your advertising and promotional materials meet all legislative requirements and industry standards.
What is advertising?
Advertising for therapeutic goods goes beyond traditional ads. The Therapeutic Goods Administration (TGA) defines it as any statement, pictorial representation or design that promotes the use or supply of the product.
This includes:
- Articles published in journals, magazines and newspapers
- Posters and notices, photographs
- Broadcast media such as films, video, electronic transmissions
- Online material, including websites and social media.
- Sales materials, such as catalogues, inserts, leaflets, and booklets that include specific product claims, even if not provided with the product
Essentially, if it promotes your product, it’s likely considered advertising – and must comply with stringent regulatory standards.
How is advertising regulated?
The Therapeutic Goods Advertising Code (the Code), underpinned by the Therapeutic Goods Act 1989 and the Therapeutic Goods Regulations 1990 governs the advertising of therapeutic goods in Australia.
The Code outlines minimum requirements for advertising therapeutic goods to consumers in Australia, requiring advertisements to:
- Be accurate, balanced and not misleading,
- Promote the safe and proper use of the goods,
- Align with indication(s) or intended purpose(s) specified on the Australian Register of Therapeutic Goods (ARTG)
- Support public health campaigns.
Additionally, various industry organisations like Medicines Australia, Medical Technology Association of Australia and Consumer Healthcare Products Australia enforce codes of practice for advertising and promotional materials directed to healthcare professionals. These supplementary requirements can add another layer of complexity for businesses to navigate.
In November 2018, The Therapeutic Goods Administration (TGA) published new guidance on advertising therapeutic goods in Australia, which included websites and social media. This came into force on 1st Jan 2019.
Recent Changes: Advertising cosmetic injectables
TGA recently updated its guidance on advertising cosmetic injectables to ensure consistency across all industries handling therapeutic goods. In the past, generic, non-product-specific words such as ‘wrinkle-reducing injections’ were permitted only when promoting services if they avoided product references, such as ‘Botox’ or ‘botulinum toxin’.
However, TGA recently discovered that clinics and other health services indirectly advertised prescription drugs, using terms like “weight loss injections”, “medicinal cannabis” or “nicotine vaping products”. This prompted a reinterpretation: such references, even when generic, are now considered promotional statements for therapeutic goods, which is illegal.
Effective 2024, terms such as “wrinkle reducing injections” are not permitted if those terms suggest to a reasonable consumer that prescription drugs are being advertised. The revised guidance on advertising cosmetic injectables is available on the TGA website.
Businesses in the cosmetic industry must adjust their marketing strategies accordingly to comply with these stricter rules.
The Adjutor Advantage
As leading experts in TGA advertising & compliance, Adjutor can conduct a thorough Advertising and Promotional Material Review for your Therapeutic Goods.
Advertising therapeutic goods in Australia is complex—but you don’t have to face it alone. At Adjutor, we specialise in ensuring your advertising and promotional materials meet all legislative requirements and industry standards.
Our team of regulatory experts is here to help you:
- Conduct comprehensive reviews of your advertising and promotional content
- Provide practical, actionable advice to achieve compliance
- Navigate evolving regulations and industry-specific requirements
Don’t let advertising regulations become a roadblock.
Contact our team of experts to learn how we can help your business succeed.
