Using scientific or clinical representations in advertising

Advertisements which contain scientific or medical terminology can be difficult for consumers to understand. Additionally, referring to scientific or clinical research or implying a claim is supported by a specific study or number of studies, is likely to give claims additional credibility in the eye of the consumer. 

While the use of scientific and clinical representations in advertisements is permitted, their use must comply with the requirements set out in section 11 of the Code. 

These requirements do not apply to product labels, consumer medicine information or instructions for use. 

Scientific or clinical representations

Representations in advertising can include: 

• warning statements 
• the name of a therapeutic good 
• claims about the product, including those conveyed through statements, pictures and videos.

A 'scientific' or 'clinical' representation is one that:

• uses scientific or medical terminology that is not generally used in the everyday language of the audience to whom the advertisement is directed, and/or
• relies on scientific or clinical research (such as 'clinically demonstrated to ...').

While the use of scientific and clinical representations in advertisements is permitted, they must:

• contain appropriate scientific or medical terminology that is easily understood by consumers, and avoid jargon
• only be used where they are consistent with the broader body of scientific or clinical evidence.

In addition, citations must be provided to any scientific or clinical studies that are referred to in the advertisement. 

You need to substantiate any claims you make about therapeutic goods with relevant evidence.

However, a citation only needs to be provided where a claim expressly states or implies that it is supported by scientific or clinical research.

An express reference to scientific or clinical research would be one that refers to a particular study such as:

• our clinical trial conducted on 230 adults in NSW showed that … 

An implied reference to scientific or clinical research occurs when a consumer would reasonably expect a statement or claim to be supported by specific research results. 

Examples include:

• 'clinically proven’
• ‘clinically trialled’
• ‘lab studies show....’
• ‘scientifically demonstrated to ...’

Advertisements that refer to scientific or clinical research must:

• clearly identify the researcher
• clearly identify the financial sponsor of the research (where the advertiser knows or is reasonably expected to know the financial sponsor)
• be cited in a way that to enables consumers to access the study.

Citations can be tailored to suit the specific media where the advertisement appears. Footnotes and embedded links may be adequate.

Like any other advertising claims, representations that rely on scientific and clinical research must be accurate, balanced and not be misleading. For more information see General requirements for advertising therapeutic goods to the public.

• Use clear terminology that can be readily understood by the typical consumer.
• Be wary of using statistical data, graphs and scientific jargon.
• Only reference studies that are relevant to the claim.
• Ensure studies are cited correctly in the advertising so that they are accessible by consumers.
• Do not exaggerate or misrepresent the conclusions of a study.