This legislative instrument was made under section 42BAA of the Therapeutic Goods Act 1989 (the Act). There are criminal offences and civil penalties for advertising to the public in a manner that does not comply with the Code.
Advertising of therapeutic goods requires a higher ethical standard than may apply for advertising of ordinary consumer goods because consumers rely on therapeutic goods for their health.
It can be difficult for a consumer to determine the appropriateness of a therapeutic good for their particular circumstances, so it is important that promotional material is truthful, balanced and not misleading.
The Code exists to ensure that the advertising of therapeutic goods to the public is conducted in a manner that:
Promotes the safe and effective use of therapeutic goods by minimising misuse, overuse or underuse
Is ethical, does not mislead or deceive the consumer or create unrealistic expectations about product performance
Supports informed health care choices
Is not inconsistent with relevant current public health campaigns.
This guidance should be read with the Code and its Explanatory Statement. It provides further information about the understanding, interpretation and application of the Code provisions.
Unless otherwise stated, the Code requirements apply to all elements of advertising (including both therapeutic claims and non-therapeutic claims) and all types of advertising of therapeutic goods to the public.
Advertisements in their entirety must comply with the requirements of the Code. Therefore, all claims, whether they are therapeutic claims or not, must be compliant.
The Department of Health and Aged Care acknowledges First Nations peoples as the Traditional Owners of Country throughout Australia, and their continuing connection to land, sea and community. We pay our respects to them and their cultures, and to all Elders both past and present.