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Complying with advertising requirements when naming therapeutic goods

The trade name of a therapeutic good must comply with therapeutic goods legislation, including advertising legislation.

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Purpose

This guidance is to help sponsors comply with advertising requirements when naming therapeutic goods.

The name of your therapeutic good forms part of its advertising, and all relevant advertising requirements from the Therapeutic Goods Advertising Code (the Code) and the Therapeutic Goods Act 1989 (the Act) apply to it.

The name of a therapeutic good forms part of advertising because it is:

  • on the label of the goods
  • on the packaging where the goods are contained
  • in the advertising or marketing of the product.

Legislation

Naming considerations

All claims in an advertisement, including through a product name, must be accurate, balanced and substantiated before the advertising occurs.

The name must not: 

  • mislead or be likely to mislead a reasonable consumer
  • represent the goods to be safe or without harm or side-effects
  • be inconsistent with the indications or intended purpose for use of the good, found in the product’s Australian Register of Therapeutic Goods (ARTG) summary
  • exaggerate efficacy or performance
  • encourage inappropriate or excessive use of the goods
  • represent the goods to be effective in all cases or to be a guaranteed cure
  • represent the goods to be infallible, unfailing, magical or miraculous
  • use restricted or prohibited representations without advertising permission or approval from the TGA.

For more information see Applying the Advertising Code.

Unless your therapeutic good is subject to a relevant advertising permission, be cautious when names make reference to:

  • a food
  • an indication
  • recreational use
  • safety. 
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