About the Therapeutic Goods Advertising Code
The Therapeutic Goods Advertising Code (the Code) is the cornerstone of the therapeutic goods advertising regulatory framework. It sets out minimum requirements for advertising therapeutic goods to the public.
This legislative instrument was made under section 42BAA of the Therapeutic Goods Act 1989 (the Act). There are criminal offences and civil penalties for advertising to the public in a manner that does not comply with the Code.
Advertising of therapeutic goods requires a higher ethical standard than may apply for advertising of ordinary consumer goods because consumers rely on therapeutic goods for their health.
It can be difficult for a consumer to determine the appropriateness of a therapeutic good for their particular circumstances, so it is important that promotional material is truthful, balanced and not misleading.
The Code exists to ensure that the advertising of therapeutic goods to the public is conducted in a manner that:
- Promotes the safe and effective use of therapeutic goods by minimising misuse, overuse or underuse
- Is ethical, does not mislead or deceive the consumer or create unrealistic expectations about product performance
- Supports informed health care choices
- Is not inconsistent with relevant current public health campaigns.
From 1 July 2022, advertisers must ensure their advertisements comply with the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (2021 Advertising Code).
This guidance should be read with the Code and its Explanatory Statement. It provides further information about the understanding, interpretation and application of the Code provisions.
Unless otherwise stated, the Code requirements apply to all elements of advertising (including both therapeutic claims and non-therapeutic claims) and all types of advertising of therapeutic goods to the public.
Advertisements in their entirety must comply with the requirements of the Code. Therefore, all claims, whether they are therapeutic claims or not, must be compliant.
Full information is available in the 'Guidance on applying the Advertising Code rules'.
Frequently Asked Questions
We have received a number of questions about the Code interpretation and so we created an FAQs page which complements the guidance.
Please see the FAQs page for more details.
All examples used in this guidance have been provided to demonstrate the application of the legislation.
They should not be taken to be a reference to any particular advertisement.