What can and cannot be advertised to the general public

Some therapeutic goods are prohibited from being advertised to the public. 

Large fines and penalties can apply for unlawful advertising, see Compliance actions and outcomes.

What cannot be advertised to public:

• Prescription-only medicines and substances, such as weight loss injections and medicinal cannabis.
• Pharmacist-only medicines (other than those included in appendix H of the Poisons Standard).
• Unapproved therapeutic goods, such as goods available through the TGA Special Access Scheme or other unapproved access pathways: see Prescribe an unapproved therapeutic good (health practitioners).
• Therapeutic goods that are not included in the ARTG, or exempt from this requirement, for example goods that are being unlawfully supplied in Australia
• Therapeutic goods regulated as biologicals, such as most human cell and tissue products (HCT).

Doctors or other health professionals need to assess someone’s health needs and tailor treatment with prescription-only, pharmacist-only, biological or unapproved therapeutic goods. 

Advertising these medicines could lead to inappropriate self-diagnosis and undermine the role of doctors and health professionals in making informed treatment decisions for their patients.

In exceptional circumstances we may permit the use of specific prohibited representations if necessary for public health or for the appropriate use of the goods. See Advertising permissions. 

Advertising health services that supply therapeutic goods which cannot be advertised

Regulation of the promotion of health services is not within our jurisdiction. 

However, if advertisements for these services also advertise therapeutic goods such as prescription only medicines, the advertiser must comply with the requirements of the Act. 

For help and guidance see: Advertising a health service.

Specific circumstances where advertising is allowed for these goods

Some therapeutic goods otherwise prohibited from advertising to the public can:

• be advertised exclusively to health professionals, see health professional link
• appear in pharmacy price lists, however there are restrictions on how this can occur see prices link
• may be a part of an Australian Government public health campaign and be allowed to be advertised under strict conditions.

Advertising in the public domain is permitted for the majority of medical devices, as well as most medicines available for over-the-counter sale in Australia. 

Therapeutic goods are intended to influence the health status of consumers, who may be vulnerable to advertising claims due to health concerns and not able to critically evaluate whether a particular good is appropriate for them.

As such, therapeutic goods are subject to special advertising requirements beyond those required for everyday consumer goods.

Before you advertise to the public, it is your responsibility to understand the legislative requirements. Advertisements to the public:

• must comply with the Therapeutic Goods Advertising Code, which establishes standards for advertising therapeutic goods to the public. For more information see Applying the Advertising Code. 
• must not contain restricted or prohibited representations unless you have prior approval or permission from the TGA. For more information see Restricted and prohibited representations in advertising.

Not all information released to the public about therapeutic goods is adverting. 

Information that is balanced and is not promotional is not considered advertising. Our advertising requirements won’t apply to this information.

For more information see: Understanding activities that represent advertising.