The government is now operating in accordance with the Guidance on Caretaker Conventions, pending the outcome of the 2025 federal election.
If the Secretary of the Department of Health and Aged Care is satisfied that a breach of the Therapeutic Goods Act 1989 has occurred, the Secretary may direct the advertiser to take steps to address non-compliant advertising, including:
- ceasing the advertisement
- making a retraction or correction
- recovering an advertisement in circulation
- destroying the advertisement
- ceasing to make a particular claim or representation made by the advertisement.
Another option we may take, where appropriate, is to issue a prevention notice to prevent the advertiser from making a false or misleading advertisement for a therapeutic good.
Failure to comply with a direction or prevention notice may result in escalated regulatory action, including the commencement of civil proceedings or criminal prosecution.
All advertising directions and prevention notices issued to advertisers must be published on our website.