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All advertising of therapeutic goods is subject to the requirements of the Therapeutic Goods Act 1989 (the Act) and the Therapeutic Goods Regulations 1990 (the Regulations).
The Act sets out the legislative requirements for therapeutic goods, including the requirement to comply with the Code and includes offence provisions relating to advertising. Importantly, the Act prohibits the unauthorised use of restricted and prohibited representations.
Unless otherwise authorised, the Act prohibits references in advertising to substances, or goods containing substances, included in Schedule 3, 4 or 8 to the current Poisons Standard but not in Appendix H of the current Poisons Standard, and biological products.
For those therapeutic goods that can be advertised to the public, advertising must comply with the requirements of the Act and the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (the Code).