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Therapeutic Goods Act 1989
Approval under section 42DF for use of a restricted representation by Proctor & Gamble Pty Ltd
I, Jane Cook, Office Head, Office of Product Review, Therapeutic Goods Administration and delegate of the Secretary to the Department of Health and Ageing, on receipt of an application by Proctor & Gamble Pty Ltd, have approved under section 42DF of the Therapeutic Goods Act 1989 (the Act) the restricted representations described in paragraphs (a) and (b) below for use in advertisements directed to consumers, for the Vicks products identified in paragraph (c), provided the conditions identified in paragraph (d) are met:
- Statements of fact about the mortality rate in children that contract pneumonia such as the following:
- Pneumonia kills an estimated 1.4 million children under the age of five years every year*
World Health Organisation, October 2011 - An estimated 1.4 million children under the age of five years die every year from a curable, preventable respiratory disease - pneumonia.
- And similar statements of fact about pneumonia and children from the World Health Organization.
- Pneumonia kills an estimated 1.4 million children under the age of five years every year*
- Statements relating to the funding of third-party treatment for pneumonia under the Vicks "Breathe for Life" campaign, such as an any of the following:
- For every Vicks product bought, Vicks will make a donation to Save the Children to help treat children with pneumonia.
- For every Vicks product bought, Vicks will donate a proportion of sales proceeds to Save the Children's pneumonia campaign.
- The Vicks Breathe for Life Project will provide funding to Save the Children through consumer donations to help treat children under 5 years old with pneumonia to ultimately help reduce childhood deaths from the illness in developing countries.
- The donations provided to Save the Children's efforts will fund community case management efforts targeting pneumonia (including education, health care workers and antibiotics) in areas where childhood deaths due to pneumonia require intervention.
- And similar statements of the same meaning that accurately reflect the nature and intent of the Breathe for Life Project.
The following Vicks products supplied by Proctor & Gamble Pty Ltd:
Product name ARTG number Vicks Vaporub 61019 Vicks Inhaler 10293 Vicks Sinex nasal spray 175764 Vicks Sinex ExtraFresh nasal spray 175765 Vicks Vapodrops Original Menthol 80099 Vicks Vapodrops Butter Menthol 80100 Vicks Vapodrops Cooling Peppermint 80101 Vicks Vapodrops Liquicentres Burst of Mint 162041 Vicks Vapodrops Honey Fresh 139972 Vicks Vaporub Cream 143951 Vicks Cough Syrup for Chesty Cough 74809 Vicks F44 Chesty cough syrup 91691 Vicks F44 Dry cough syrup 98840 Vicks Cough Syrup Honey Flavour for Dry Cough 134301 Vicks Cough Syrup Honey Flavour for Chesty Cough 131115 Vicks Cough Lozenge Honey Flavour for Dry Cough 143422 Vicks First Defence nasal spray 128566 - This approval is subject to the following conditions:
- A phrase under paragraph (a) cannot be used unless it is used in connection with a phrase under paragraph (b).
- References to pneumonia must only be used for the duration of the Vicks "Breathe for Life" campaign.
- All advertisements must include the following statement, prominently displayed - 'Vicks is not for the treatment of pneumonia'.
- Any phrase under paragraph (b) must explicitly state that donations/funding will be provided to the Save the Children pneumonia campaign in Bangladesh.
Dated this 29th day of March 2012
Jane Cook
Delegate of the Secretary to the Department of Health and Ageing; and
Office Head
Office of Product Review