(i) displays only the name or picture of therapeutic goods or their price or point of sale, or any combination of these things; and
(ii) does not contain or imply a claim relating to therapeutic use; or
an advertisement for a medicine to which section 11 applies; or
an advertisement to which section 12 applies.
An advertisement for a medicine must contain the following:
a reference to the name of the medicine, within the meaning of the Therapeutic Goods Order No. 92 – Standard for labels of non-prescription medicines;
at least one of the indications for the medicine, as the indication appears on the medicine’s label, or as modified in a manner that does not change the meaning or intent of the indication as it appears on the medicine’s label;
subject to subsections (2A) and (5)—the requirements specified in the following table in relation to the type of medicine specified:
Type of medicine
Requirements
A medicine that does not include any ingredients in Part 1 or Part 2 of Schedule 1 for which there are health warnings
The following statement, prominently displayed or communicated:ALWAYS READ THE LABEL
A medicine that includes an ingredient in Part 1 or 2 of Schedule 1 for which there are health warnings
Either:(a) the following statement, prominently displayed or communicated:THIS MEDICINE MAY NOT BE RIGHT FOR YOU. READ THE LABEL BEFORE PURCHASE; or(b) both of the following, prominently displayed or communicated:(i) the following statement:ALWAYS READ THE LABEL; and(ii) the health warnings.
(2A) If an advertisement relates to more than one medicine and:
(a) the advertisement does not relate to one or more other therapeutic goods or medical devices; and
(b) at least one of the medicines advertised includes an ingredient in Part 1 or Part 2 of Schedule 1 for which there is a health warning;
Section 13 - Therapeutic Goods Advertising Code (No.2) 2018 - What must advertisements contain—general rules | Zoe
then the following statement may be prominently displayed or communicated in the advertisement instead of the applicable statements mentioned in the table in paragraph (2)(c):
(c) THESE MEDICINES MAY NOT BE RIGHT FOR YOU. READ THE LABEL BEFORE PURCHASE.
An advertisement for a medical device must contain the following:
an accurate description of the device;
either—
if the trade name for the device is available—a reference to that name; or
otherwise—a reference to another name for the device;
at least one of the intended purposes of, or indications for, the device, as the intended purpose or indication appears on the label or primary packaging of the device, or as modified in a manner that does not change the meaning or intent of the intended purpose or indication as it appears on the label or primary packaging of the device;
subject to subsection (5)—the requirements specified in the following table in relation to the type of device specified:
Type of device
Requirements
A device for which there are no health warnings
One of the following statements, as appropriate for the packaging of the device, prominently displayed or communicated:(a) ALWAYS READ THE LABEL; or(b) ALWAYS READ THE INSTRUCTIONS FOR USE
A device for which there are health warnings
Where the label of the device is visible on the primary pack, one of the following:(a) the following statement, prominently displayed or communicated:THIS PRODUCT MAY NOT BE RIGHT FOR YOU. READ THE LABEL BEFORE PURCHASE; orb) both of the following, prominently displayed or communicated:(i) ALWAYS READ THE LABEL; and(ii) the health warnings.Where the device does not have a label visible on the primary pack, one of the following:(a) the following statement, prominently displayed or communicated:THIS PRODUCT MAY NOT BE RIGHT FOR YOU. READ THE INSTRUCTIONS FOR USE BEFORE PURCHASE; orb) both of the following, prominently displayed or communicated:(i) ALWAYS READ THE INSTRUCTIONS FOR USE; and(ii) the health warnings.
An advertisement for other therapeutic goods must contain the following:
an accurate description of the goods;
either—
if the trade name for the goods is available—a reference to that name; or
otherwise—a reference to another name for the goods;
at least one of the intended purposes of, or indications for, the goods, as the intended purpose or indication appears on the label or primary packaging of the goods, or as modified in a manner that does not change the meaning or intent of the intended purpose or indication as it appears on the label or primary packaging of the goods;
subject to subsection (5)—the requirements specified in the following table in relation to the type of goods specified:
Type of goods
Requirements
Other therapeutic goods for which there are no health warnings
One of the following statements, as appropriate for the packaging of the goods, prominently displayed or communicated:(a) ALWAYS READ THE LABEL; or(b) ALWAYS READ THE INSTRUCTIONS FOR USE
Other therapeutic goods for which there are health warnings
Where the label of the goods is visible on the primary pack, one of the following:(a) the following statement, prominently displayed or communicated:THIS PRODUCT MAY NOT BE RIGHT FOR YOU. READ THE LABEL BEFORE PURCHASE; or(b) both of the following, prominently displayed or communicated:(i) the following statement:ALWAYS READ THE LABEL; and(ii) the health warnings.Where the goods do not have a label visible on the primary pack, one of the following:(a) the following statement, prominently displayed or communicated:THIS PRODUCT MAY NOT BE RIGHT FOR YOU. READ THE INSTRUCTIONS FOR USE BEFORE PURCHASE; or(b) both of the following, prominently displayed or communicated:(i) the following statements:ALWAYS READ THE INSTRUCTIONS FOR USE; and(ii) the health warnings.
Paragraphs (2)(c), (3)(d) and (4)(d) do not apply to radio advertisements that are 15 seconds or less in duration or to text only advertisements that consist of 300 characters or less for which there is no reasonable capacity to include pictures, logos or other imagery as part of the advertisement.
An advertisement must contain either of the following statements as appropriate, prominently displayed or communicated:
FOLLOW THE DIRECTIONS FOR USE; or
FOLLOW THE INSTRUCTIONS FOR USE.
Subject to subsection (7A), if an advertisement contains a claim relating to a symptom of a disease, condition, ailment or defect, the advertisement must contain either or both of the following statements as appropriate to the duration or recurrence of the symptoms, prominently displayed or communicated:
IF SYMPTOMS PERSIST, TALK TO YOUR HEALTH PROFESSIONAL; or
IF SYMPTOMS WORSEN OR CHANGE UNEXPECTEDLY, TALK TO YOUR HEALTH PROFESSIONAL
(7A) For an advertisement to which subsection (7) applies and which must contain both statements in that subsection, the statements may be shortened and combined into one statement, so as to avoid duplication.
Subsection (7) does not apply to radio advertisements that are 15 seconds or less in duration or to text only advertisements that consist of 300 characters or less for which there is no reasonable capacity to include pictures, logos or other imagery as part of the advertisement.