Review of a decision not to approve an advertisement

In the event of an advertisement not gaining approval, a request to review the decision must be submitted to the Minister for Health & Ageing (refer Regulation 5M).

The request must be made within 30 days after notice of the decision.

For a decision not to approve a print media advertisement, the applicant must, at the same time, send a copy of the request to the Therapeutic Goods Advertising Code Council.

Complaints about advertisements (refer Part 6, Division 3 of the Therapeutic Goods Regulations)

A person may complain in writing to the Complaints Resolution Panel about an advertisement for a designated therapeutic good or therapeutic device that is published or inserted in specified media that the person believes to be in breach of the Therapeutic Goods Advertising Code (TGAC) or the Therapeutic Goods Act 1989 or Regulations (refer Regulation 42ZCAB).

Complaints about other advertisements must be directed to the appropriate industry association, i.e. CHC for complementary medicines and ASMI for non-complementary OTC medicines.

Appendix 5

(Paragraph 4(2)(j) refers)

Goods that may be advertised to minors

In considering whether or not to make a recommendation to the Secretary to amend Appendix 5 so as to permit therapeutic goods to be advertised to persons under the age of 18, the TGACC will satisfy itself on the following factors (which are not exhaustive):

1. That the likely audience could be expected to have the knowledge and maturity to self-diagnose and self-manage the condition(s) for which the goods are to be advertised;
2. That the advertising of the goods to the likely audience could reasonably be expected to deliver to them significant health benefits or significant improvements to their quality of life;
3. That the risk of over-use, misuse or inappropriate use in the likely audience is insignificant;
4. That over-use, misuse or inappropriate use of the goods is unlikely to cause significant harm;
5. That the advertising of the goods can be confined to the intended audience.

The following are not subject to paragraph 4(2)(j) -

• Tampons
• Acne preparations
• Sunscreens SPF 15 +
• Condoms and personal lubricants
• Bandages and dressings
• Devices for management of chronic conditions under medical supervision
• Cold sore preparations
• Lip balm
• Unscheduled anti-dandruff preparations