Updated: 04 December, 2024
Website and Social Media Traps
If you’re advertising therapeutic goods in Australia in 2019, there’s new legislation that is critical to your successful campaign/s.
We’ve been keeping up to date over the break to ensure we’re ready to assist our clients with all of their commercialisation needs around the globe.
New Guidelines Released by Therapeutic Goods Administration (TGA)
The Therapeutic Goods Administration (TGA) published new guidance on advertising of therapeutic goods, which came into force on 1st Jan 2019.
When advertising therapeutic goods to the public, advertisers must comply with the Therapeutic Goods Advertising Code (No 2) 2018 (Repealed on 01 January 2022 by s6 of the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021) . Not all therapeutic goods are allowed to be advertised to the public. Some examples include biologicals and goods made available solely on prescription from a registered healthcare provider (for example a doctor or dentist). This is not an exhaustive list.
The definition of advertising includes websites and social media. TGA has now included these forms of advertising specifically in their guidance.
As there are penalties for non-compliance, it’s important for international companies to understand the differences in advertising rules in Australia and to seek expert local advice. In many cases, we can suggest alternative ways of getting your message across, without contravening the Therapeutic Goods Act and the Advertising Code.
In November 2018, TGA began legal proceedings against Peptide Clinics Pty Ltd for a raft of alleged breaches. This is a cautionary tale, the details of which, can be a found here: TGA takes aim at Peptides Clinics Australia for alleged advertising breaches.
Being effective and in compliance in your advertising will mean that you are not the subject of this type of negative press and legal expenses, give you the edge over your competitors and make sure you’re maximising the returns from your advertising spend.
2024: Recent Changes: Advertising cosmetic injectables
TGA recently updated its guidance on advertising cosmetic injectables to ensure consistency across all industries handling therapeutic goods.
For expert advice on your advertising and compliance
Contact us today and let’s work together to achieve your goals. Whether you have a question, need more information, or want to discuss your project, our team is here to help.
