T.G.A Advertising Regulations
- Regulation of therapeutic goods advertising in Australia
Advertisements for therapeutic goods are subject to the requirements of the Therapeutic Goods Act and Regulations, the Trade Practices Act and other relevant laws.
- Therapeutic goods advertising code
Links to and information about the Therapeutic Goods Advertising Code
- Restricted representations
A restricted representation is any reference expressly or by implication, to a disease, condition, ailment or defect specified in Table 1, Appendix 6 of the Therapeutic Goods Advertising Code
- Advertising medicines to consumers
Controls are placed on the advertising of therapeutic goods – medicines and medical devices to ensure advertisements are socially responsible, truthful, appropriate and not misleading.
- Advertising prescription medicines to health professionals
Advertising registered prescription medicines to consumers is not permitted, but advertising is permitted to healthcare professionals within the scope of the legislation
- Schedule 1 of the Therapeutic Goods Regulations explained
This fact sheet addresses misunderstandings about the aims of the Therapeutic Goods Act and Regulations, and their effect on the ability of complementary healthcare professionals obtaining access to therapeutic goods and related advertising material.
- Schedule 1 certificates
The TGA Advertising Unit often receives requests for Schedule 1 Certificates also referred to as Certificates of Exemption
Direct Site Link – www.tga.gov.au/health-professionals
A.C.C.C Advertising Regulations
- ACCC Advertising and Selling Guide
- Advertising and Promoting your Business
- Making False or Misleading Statements in Advertising
- Advertising of Medical & Professional Services
- Advertising and Promotions
The below is an extract from the CMA Code of Ethics in relation to protocols surrounding all forms of advertising & promotion of a Members services and the use of CMA logos on personalised stationery.
For a full copy of the code, plus other Articles of Association, please click here.
PUBLICITY, ADVERTISING AND LITERATURE
The following standard of ethics refer explicitly to publicity, advertising and literature for Members of the Complementary Medicine Association.
Literature – (Definition)
The Association’s literature is that material propagated and accepted by the Federal Executive and accepted by the media (newspapers, magazines, television, radio, business directories, cinema and all electronic forms of media) designed to promote the Association and the ethical advancement of its Members and its aims into the community, the industrial and the cultural organisations and governments of Australia.
Unless first approved by the Federal Executive, the aforementioned literature shall not be published or distributed by a Member of the Complementary Medicine Association.
Any literature pertaining to the Association published or distributed by a Member, shall not defame, breach privacy or any Australian laws, and shall be in good taste
All advertising made by any Member of the Association should firstly be compliant with all relevant laws, be truthful and in good taste.
Misleading statements, exaggerations, premiums and/or gifts should not be used to attract patients. This includes, but is not limited to gift vouchers, gift cards and any other monetary specific gifts or incentives.
Advertising should not compare one Member with another practitioner and should not compare one technique with another technique or qualification of one to the other.
A Member shall be conscientious in enlightening the public regarding the maintenance of good health, remembering that quality of service shall be a measure of the standing of the profession as a whole.
A Member must not knowingly or recklessly take or use a protected title for a health profession, that could reasonably be expected to lead to belief, that he/she is a Regulated Health Professional, unless he/she is registered for that profession.
It is encouraged that Members when advertising themselves and their services, make reference to their membership of the Complementary Medicine Association.
NEWSPAPERS & MAGAZINES
Advertising will be permitted in the following manner:
Advertisements restricted to the professional pages, unless provision is made in the publication of special merit. (For example: Health Section).
Advertising must be restricted in size to not more than a half page.
Personal advertising will be limited in the use of name, address, Member’s qualifications, services offered, telephone numbers, other contact methods or web address, hours of practice and Association’s house mark.
It is recommended that the CMA logo be used but is not a requirement. If using the CMA logo, it must be utilised in originally obtained form and not altered or formatted in any way (other than re-sizing only). The CMA does not require that you use the logo on web pages, social media or stationery, but does encourage Members to proudly display their membership. And, where possible and appropriate, use links to the CMA site(s) and resources.
It is recommended that letterheads and business cards should contain only name, clinic address (including clinic web address and contact details), qualifications and contact details. It is further recommended that the official CMA logo be used. (No additions or alterations, within or around the emblem will be permitted).
Office bearers of the Association must not advertise their official positions on office stationery.
Signs should be made of material in keeping with good taste and should conform to Local Government regulations.
Signs should also conform to Association guidelines as set by the Association from time to time (For example: colour, lay-out etc.).
When promoting themselves through such means, it is the responsibility of the Member to ensure that any promotion / online post / publication conforms with the current Code of Conduct set by the Association and appropriate government bodies. Specifically, the Member or their representative needs to be aware of claims of treatment of serious health conditions, and all legal obligations under their appropriate state or national law. A Member must also ensure that advertising of products must comply with appropriate TGA advertising standards.
RADIO, TELEVISION, CINEMA, INTERNET and ALL OTHER SOCIAL MEDIA ADVERTISING
All material created or displayed for public viewing, must comply with appropriate state or national laws, and any guidelines set out in this Code of Conduct. They must also comply with TGA advertising rules and standards. It is the responsibility of the Member to ensure that such compliance is adhered to.
MEMBER ADVERTISING THROUGH CMA
If a CMA Member wishes to advertise to other Members, he/she is required to abide by and follow the current process, and if applicable, pay the necessary, current price for such advertising.
Download a copy of the Code of Ethics & By-Laws here
T.G.A Complementary Medicine Basics
Complementary medicines (also known as ‘traditional’ or ‘alternative’ medicines) include vitamin, mineral, herbal, aromatherapy and homeopathic products.
Complementary medicines may be either listed or registered, depending on their ingredients and the claims made.
- Complementary medicine regulation basics
General information about how complementary medicines are regulated in Australia
- Standards, guidelines & publications (complementary medicines)
Guidance on the regulatory requirements for complementary medicines
- Forms for complementary medicine sponsors
Application forms for sponsors of complementary medicines
- Complementary medicines reforms
Progress of complementary medicine reforms
- Regulatory decisions & notices (complementary medicines)
Information for complementary medicine sponsors, manufacturers and consumers
- Complementary medicine practitioner medicines and exemptions
General guidance on complementary medicine regulation in Australia
Direct Site Link – www.tga.gov.au/complementary-medicine-regulation-basics