Information here relates to Parts 4 and 5 of the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (the Code).
Our guidance material provides more detailed information and examples:
The Code is the legal source of this information:
The Code requires that advertisements for therapeutic goods (other than product labels) must contain the following information:
- the name of the medicine or the trade name of the device
- for medical devices, an accurate description of the device
- at least one accepted indication or intended purpose as recorded in the good’s ARTG entry
- the required mandatory statements and other required information specific to the types of goods and/or the type of advertisement.
Mandatory statements
The mandatory statements that must be used is determined by the type of good being advertised.
Generally, the mandatory statements that must be used in advertisements for medicines, medical devices and other therapeutic goods remind consumers to always read the label and follow the directions for use.
Specific mandatory statements are required for pharmacist-only medicines, goods that are not available for purchase by the general public and short form advertisements. All required mandatory statements are found in the Code, while our guidance Applying the Advertising Code rules: prominently displayed or communicated information provides more detail and examples.
Mandatory statements must be ‘prominently displayed or communicated’ to ensure consumers can see or hear them clearly.
Short form advertisements
Short form advertisements occur where limited time or space restricts the messages that can be included.
The required mandatory statement must be prominently displayed or communicated in short form advertisements to remind consumers to follow the directions for use.
Short form advertisements are:
- radio advertisements that are 15 seconds or less in duration,
- written advertisements that have 300 characters or less, for example a classified advertisement published in a print newspaper.
If the advertisement has space for images or videos it is not considered a short-form advertisement, even if it has less than 300 characters.
Social media posts are not short-form advertisements.
More information on specific requirements for short form advertisements can be found in Applying the Advertising Code rules: prominently displayed or communicated information.
Advertisements for therapeutic goods not available for inspection before purchase
Health warnings
Advertisements that facilitate the direct purchase or supply of a therapeutic good where the good cannot be physically inspected by the consumer before purchase (such as a website or social media) may be required to include a health warning.
A health warning (which is a warning, contra-indication, precaution or restriction) is required in these types of advertisement if the warning:
- is required by law to be on the label or in the instructions for use (IFU) for the goods
- and is reasonably necessary for the consumer to make an informed decision about purchasing the good.
Health warnings, or a direct link to the health warnings, must be prominently displayed and communicated.
Examples
- The Therapeutic Goods Order No. 92 - Standard for labels of non-prescription medicines (TGO 92) may require a warning, contra-indication, precaution or restriction on the label of a medicine. If conveying the warning, contraindication, precaution or restriction to consumers is reasonably necessary for the consumer to make an informed decision about purchasing the good, it is a health warning, which must be used in these types of advertisements.
- Essential Principle 13 may require a medical device’s IFU to include a warning, contra-indication, precaution or restriction. If the warning, contra-indication, precaution or restriction is necessary for the consumer to make an informed decision about purchasing the good, it is a health warning, which must be used in these types of advertisements.
Health warnings that contain restricted representations
You do not need approval from us to use a mandatory health warning that contains a restricted representation.
Other requirements for advertisements that facilitate the direct supply of the advertised good
These types of advertisements are also required to include:
- the relevant mandatory statements
- the name of each active ingredient
- for medicines,
- the dosage form
- quantity of the medicine (such as the number of capsules or tablets in the container).
Additional requirements for advertisements about particular therapeutic goods
There are additional requirements for advertisements about analgesics, complementary medicines, sunscreens and therapeutic goods for weight management.
These requirements and the appropriate use of mandatory statements are set out in the Code, while our guidance Applying the Advertising Code rules: prominently displayed or communicated information provides more detail and examples.
Correctly presenting mandatory statements and other required information
Mandatory statements and other most required information must be ‘prominently displayed or communicated’ in advertisements.
Prominently displayed means the mandatory statements:
- are easily read
- are clearly understood and heard
- are repeated as often as necessary to be noticed by the audience
- have fonts where size, colour or style doesn’t make text hard to read or understand.
How you correctly present required information depends on the type of advertising you have and your target audience.
Written advertisements
For advertisements that contain writing, mandatory statements and required information:
- must be on the same page or screen as the advertised therapeutic good
- must have statements that can easily be read, standing out in relation to the rest of the advertisement.
In addition, to meet the requirement to be ‘prominently displayed and communicated’, the mandatory statements and required information for website and social media advertisements must:
- be visible to the reader at all times
- not be collapsed and only visible if the reader selects ‘see more’ or a drop-down arrow
- not require scrolling to be seen.
Audio advertisements
For audio advertisements, mandatory statements and required information must be able to be clearly heard and understood to be part of the advertisement.
Target audiences require specific adjustment to their needs
Special consideration and adjustment is needed when displaying information for a target audience, for example consumers with eyesight or hearing disabilities.