Information relating to Part 3 of the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (the Code).
These are the Code general requirements that apply to therapeutic goods that can be advertised.
Our guidance material provides more detailed information and examples:
The Code is the original legal source of this information:
See Understanding activities that represent advertising.
There are more advertising requirements than shown here, which can be found at Applying the advertising code.
Advertisements must be accurate
Advertisements must be:
- accurate
- balanced
- not misleading
- only contain substantiated claims
- consistent with the product’s Australian Register of Therapeutic Goods (ARTG) entry.
They must be truthful and error-free, and only contain current and correct information.
What is balanced advertising
Advertisements must provide balanced information to the consumer.
Claims must be fair and unbiased.
When appropriate, contra-indications (something that makes a particular treatment or procedure inadvisable) and precautions should be included alongside more positive claims.
Advertisements must not mislead or be likely to mislead consumers
Advertisements must not give a false impression to the consumer or contain information that could easily be misinterpreted.
This includes using irrelevant or exaggerated claims or omitting important information from the advertisement.
For information on the use of specific types of claims, see:
- Using 'natural' claims in therapeutic goods advertising
- Requirements for weight management claims in advertising
- Using scientific or clinical representations in advertising.
Claims must be substantiated
All claims must be substantiated by the advertiser before they are included in an advertisement.
Advertising must be consistent with the ARTG entry of the goods
The ARTG is the public database of therapeutic goods that can be legally supplied in Australia.
The ARTG summary for a product contains a list of indications and intended purposes allowed for that particular therapeutic good.
Advertising must not be inconsistent with the indications or intended purposes included in the ARTG entry for the goods.
If the product is exempt from being included in the ARTG, but can still be advertised, then advertising must not be inconsistent with the label or package inserts.
See:
Advertising must support the safe and proper use of the goods
Advertisements must not represent the therapeutic good to be:
- safe or without side-effects
- effective in all cases
- a guaranteed cure
- infallible, unfailing, magical or miraculous.
Advertisements must not:
- cause undue alarm, fear or distress
- imply that harm could occur if the product is not used
- encourage inappropriate or excessive use
- discourage seeking medical attention
- suggest the product is better than using a treatment prescribed by a health professional
- be inconsistent with instructions for use found on the label or package inserts
- exaggerate the efficacy or performance of the goods
- compare the product with other therapeutic goods or health services in a way that suggests those goods or services are harmful or ineffective.
Advertising must be consistent with public health campaigns
Advertisements must not be inconsistent with a current public health campaign.
Advertising to children under 12 years old is prohibited
You cannot advertise therapeutic goods to children under 12 years old.
This does not apply to the product label, which can contain images, colours or graphics to indicate it is for children.
An advertisement for therapeutic goods can only be directed to children aged 12 or over if the therapeutic goods:
- are mentioned in Annexure 1 of the Code and all conditions are complied with
- does not contain a substance included in Schedules 2, 3, 4 or 8 of the Poisons Standard.