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Investigations of advertising complaints

3 August 2011

The TGA's policy is to publish the outcome of certain investigations into complaints about therapeutic goods advertising directed to consumers which have been referred to the TGA by the Complaints Resolution Panel (the Panel) for follow-up action.

The TGA is considering implementation of further advertising transparency measures in the future.

Publication of the outcome of TGA investigations into advertising complaints referred to it from the Panel

Publication of the outcome of TGA investigations is intended to provide guidance to advertisers on how the advertising requirements are interpreted and actions taken by the TGA in relation to advertising breaches.

Publication of these outcomes will also provide more information to:

• consumers
• health professionals
• therapeutic goods industry
• advertisers; and
• the media.

Details on the outcomes of TGA complaint investigations in relation to where a recommendation has been made by the Panel are available on this website.

About the complaint process

Where a person fails to acknowledge or fully act upon a complaint determination made by the Panel or breaches an undertaking, the Panel may recommend that the TGA take follow-up action in relation to the matter.

Following consideration of the Panel's recommendation, the TGA may then order the advertiser to take an action such as withdraw an advertisement and publish a retraction or correction.

These orders are made under regulation 9 of the Therapeutic Goods Regulations 1990 (and are known as regulation 9 orders).

Following receipt of a regulation 9 order, an advertiser may seek reconsideration of the decision by the Minister under regulation 48 by lodging a written request within 90 days after the decision first comes to its notice.

The lodging of a request for a review of a decision does not affect the operation of the decision made under regulation 9. It remains in effect and must be complied with unless and until it is varied or set aside on review or another order affects it.

There may also be occasions where breaches of the advertising requirements lead to the TGA suspending or cancelling a product entry from the Australian Register of Therapeutic Goods.

Consumer guide to commonly noted advertising breaches

A consumer guide summarising the commonly noted advertising breaches listed in the regulation 9 orders is available on this website.

This guide is a summary only and the full details of these provisions are contained in the Therapeutic Goods Act 1989 and the Therapeutic Goods Advertising Code 2007.

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