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The Therapeutic Goods Administration (TGA) reminds businesses and media outlets that it is unlawful to publicly advertise prescription-only medicines, including prescription-only weight loss medicines.
Advertising of prescription-only medicines directly to consumers undermines individual health practitioner advice and may create an inappropriate demand for particular medicines which may not be the appropriate treatment for that individual’s circumstance.
The Therapeutic Goods Act 1989 (the Act) applies to anyone publishing information about therapeutic goods, including media outlets and suppliers of those goods.
Media platforms are responsible for ensuring their content does not directly or indirectly promote the use or supply of therapeutic goods to the public. A key consideration for media is whether they are seen to be promoting a particular prescription medication.
Those who breach the Act can face significant fines, or civil or criminal proceedings.
In the last 6 months, the TGA has issued over 70 infringement notices totalling over $1 million to 19 entities for alleged unlawful advertising of prescription-only medicines. These include more than $300,000 in relation to weight-loss medicines, and 3 infringement notices to a media outlet for alleged unlawful advertising of a prescription-only medicine on their platform.
The TGA will continue to take action against the unlawful import, supply, manufacture and advertising of these products when detected.
Businesses must understand their legal obligations under the Act before advertising therapeutic goods. For details about the legal framework for advertising and guidance on advertising therapeutic goods, please visit the TGA website.
If you suspect non-compliance in relation to therapeutic goods, you can report illegal or questionable practices or suspected non-compliant advertising on the TGA website.
Contact for members of the media:
- Email: news@health.gov.au
- Phone: 02 6289 7400
