The Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (the Code) is a key piece of legislation that outlines many of our advertising requirements when advertising to the general public.
The Code ensures that therapeutic good advertisements to the public:
- promote their safe and proper use
- do not mislead or deceive the consumer or create unrealistic expectations about product performance
- support informed health care choices
- are not inconsistent with relevant current public health campaigns.
This page separates the Code into parts and provides relevant guidance on its application.
We recommend you read the Code and the Guidance together when checking your advertising compliance.
You should be familiar with:
- Understanding activities that represent advertising
- What can and cannot be advertised to the general public.
The information set out in this guidance does not alter responsibilities that an advertiser has under other relevant laws, including but not limited to, the Australian Consumer Law.
See the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 for more detail.
When the Code applies
The Code applies to therapeutic goods that are advertised to the general public.
Part 2 of the Code provides more details on when it does and does not apply, which is explained in the guidance Applying the Advertising Code rules: general requirements.
You can use the tool Can I advertise this therapeutic good to the public?
How the Code applies
The information below explains different parts of the Code and how they apply to advertising.
Requirements for advertising to be accurate, balanced and not misleading
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PageHow advertising of therapeutic goods needs to be accurate, balanced and safe. This relates to Part 3 of the Advertising Code.
In addition to these requirements, see information about naming therapeutic goods and using natural claims to ensure they do not mislead or deceive consumers:
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PageThe trade name of a therapeutic good must comply with therapeutic goods legislation, including advertising legislation.
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PageHow you can use terms such as 'natural' without misleading consumers.
Requirements for advertising statements, representations, methods and pricing
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PageThere are specific requirements for using scientific or clinical terminology in advertising or giving support to claims by referring to scientific research. Relates to Part 3 of the Advertising Code.
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PageAn overview of the types of information that must be included in advertisements about therapeutic goods. Relates to Parts 4 and 5 of the Advertising Code.
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PageRequirements for endorsements and testimonials shown in advertisements about therapeutic goods. Relates to Part 6 of the Advertising Code.
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PageUnderstand what can be used as a free sample in therapeutic goods advertising and the rules around offering incentives. Relates to Part 7 of the Advertising Code.
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PageThere are restrictions on using representations in advertising that refer to certain diseases, ailments or conditions. Relates to Part 8 of the Advertising Code.
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PageUnderstand our requirements for advertising price lists for therapeutic goods that are prohibited from advertising to consumers. Relates to Part 9 of the Advertising Code.
Advertising compliance checklist form
Our checklist will assist you in assessing your consumer advertising for compliance with the Therapeutic Goods Act 1989 (the Act) and Code requirements.
Use the checklist along with the Act, the Code and published guidance to help understand and comply with requirements.
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ChecklistsThis checklist can help you assess if your advertising complies with legislative requirements.