Transitioning to the new Therapeutic Goods Advertising Code

The Therapeutic Goods Administration (TGA) is updating advertisers on the transitional arrangements regarding the 2021 Advertising Code, specifically in relation to stock of hard copy ads.

The Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (2021 Code) came into effect on 1 January 2022. The 2021 Code repeals and replaces the Therapeutic Goods Advertising Code (No.2) 2018 (2018 Code). A transition period applies until 30 June 2022 during which time advertisers can comply with either the 2021 Code or the 2018 Code.

Mandatory statements in advertising

The mandatory statement requirements in the 2021 Code have been simplified and reduced in number compared with the 2018 Code. The TGA recognises however, that advertisers may hold stock of hard copy advertisements that meet the mandatory statement requirements of the 2018 Code but that are not strictly compliant with the 2021 Code. While advertisers use up their stocks of existing hard copy advertisements the TGA will adopt a pragmatic approach and will not seek to take enforcement action where advertisers comply with the requirements for mandatory statements in the 2018 Code, rather than the 2021 Code. For advertisements that can be readily amended, such as advertisements online and in social media, the TGA expects advertisers to transition to the 2021 Code requirements by the end of the transition period on 30 June 2022.