Amendment to the Therapeutic Goods Advertising Code 2007
Endorsements by healthcare professionals
March 2007
The Therapeutic Goods Advertising Code 2007 ("the Code") has been registered in the Federal Register of Legislative Instruments and took legal effect on Thursday, 8 March 2007.
In February 2007, the Therapeutic Goods Advertising Code Council (TGACC) <http://www.tgacc.com.au/>, recommended to the former Assistant Minister for Health and Ageing, the Hon Christopher Pyne MP, that he approves an amendment to the Code which prohibits advertisements for therapeutic goods directed to consumers from containing endorsements by healthcare professionals. This amendment re-instates the long standing prohibition on such conduct which existed up until August 2005.
The Code was amended in August 2005 to permit such endorsements, for the first time. Concern was subsequently raised in the media and with Mr Pyne by peak healthcare professional organisations (primarily the Australian Medical Association, AMA) as to the appropriateness of such advertising. The AMA generally advises against such endorsements and is of the view that such conduct is unethical.
During its re-consideration of the issue, TGACC members agreed with the AMA's views and also became concerned that consumers could be misled as to the relevant efficacy of products and, as a result, may not choose the most suitable product for a particular circumstance.
During his consideration of this issue, Mr Pyne also took into account the concerns raised with him by some sectors of industry. These concerns primarily related to the financial impact upon some sponsors and healthcare professionals which was likely to arise if existing, approved advertisements, other point of sale material and product labelling had to be withdrawn immediately.
Accordingly, the following implementation arrangements have been approved -
- all existing, approved advertisements can continue until their current, two year approval period expires (noting that most advertisements do not have the full two period to run at this point in time); and
- all existing point of sale advertising material and product labelling (which are not subject to any defined approval periods); and other advertisements for which approval is not required which include professional endorsements, must be completely "phased out" within the next 12 months.
However, any new advertisements which contain a professional endorsement on, or after 8 March 2007 will be deemed as being in breach of s.4(6)(b) of the TGAC 2007.
Pio Cesarin
Director
Non-Prescription Medicines Branch
March 2007