Therapeutic Goods Advertising Code 2015
Review of a decision not to approve an aReview of a decision not to approve an advertisement (refer to regulation 5M of the Regulations)
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Review of a decision not to approve an advertisement (refer to regulation 5M of the Regulations)
In the event of an advertisement not gaining approval, a request to review the decision can be submitted to the Minister for Health in writing and must be made within 30 days after notice of the decision is given to the applicant.
The applicant must, at the same time, send a copy of the request for review of the decision to the Therapeutic Goods Advertising Code Council (the TGACC) (subregulation 5M(3) of the Regulations).
Level 13 Macquarie House
167 Macquarie Street
SYDNEY NSW 2000
Phone: (02) 8667 3026 or (02) 8667 3025
Email: jbrimer@tgacc.com.au
Complaints about advertisements or generic information (refer Subdivision 2, Division 3 of Part 6 of the Regulations)
A person may complain in writing about an advertisement or generic information to the Complaints Resolution Panel as set out in regulation 42ZCAB of the Regulations. Complaints may be lodged online at http://www.tgacrp.com.au/index.cfm?pageID=12 or by writing to:
Complaints Resolution Panel
Level 13 Macquarie House
167 Macquarie Street
SYDNEY NSW 2000
Complaints about other advertisements must be directed to the appropriate industry association or to the TGA. See http://www.tga.gov.au/regulation-therapeutic-goods-advertising-australia.
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):
- 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;
- 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;
- That the risk of over-use, misuse or inappropriate use in the likely audience is insignificant;
- That over-use, misuse or inappropriate use of the goods is unlikely to cause significant harm;
- That the advertising of the goods can be confined to the intended audience.