Welcome Everyone to 2019!
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If you’re advertizing 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 commercialization needs around the globe.
New Guidelines Released by Therapeutic Goods Administration (TGA)
The Therapeutic Goods Administration (TGA) published new guidance on advertizing of therapeutic goods, last November, which came into force on 1st Jan 2019.
When advertizing therapeutic goods to the public, advertizers must comply with the Therapeutic Goods Advertising Code (No 2) 2018. Not all therapeutic goods are allowed to be advertized 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 advertizing includes websites and social media. TGA has now included these forms of advertizing specifically in their guidance.
As there are penalties for non-compliance, it’s important for international companies to understand the differences in advertizing 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 Advertizing 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:
Being effective and in compliance in your advertizing 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 advertizing spend.
For expert advice on your advertizing and compliance, please contact us.