The government is now operating in accordance with the Guidance on Caretaker Conventions, pending the outcome of the 2025 federal election.
Ozempic and Wegovy (semaglutide), Mounjaro (tirzepatide) and Trulicity (dulaglutide) are GLP-1 receptor agonists are regulated as prescription-only medicines.
This includes derivatives of semaglutide or dulaglutide such as retatrutide.
It is illegal to advertise GLP-1 receptor agonists for two main reasons:
- Because they are prescription-only medicines and prescription medicines cannot be advertised to the public.
- For retatrutide, because it is an unapproved therapeutic good and unapproved therapeutic goods cannot be advertised unless exempt.
Prescription medicines are higher risk medicines and should only be determined as an appropriate treatment option in consultation with a professionally trained medical practitioner, rather than on the basis of consumer advertising.
It is also illegal to advertise prescription medicines ‘off-label’, for an indication that is not included in the Australian Register of Therapeutic Goods (ARTG).
For example, Ozempic has been included in the ARTG for the treatment of type 2 diabetes. This means that the medicine has been evaluated by the TGA for its safety, quality and efficacy for that indication only. It is illegal to advertise Ozempic for weight loss, even to health professionals.
The exemption for Advertising to health professionals so that consumer rules do not apply does not cover off-label use. This is still a contravention of the Therapeutic Goods Act 1989 that can result in criminal or civil penalties.
We will take action on any illegal advertising of these products, including online advertising on social media platforms.
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