16Endorsements

16 Endorsements

This section does not apply to:

a testimonial to which section 17 applies; or

in relation to a medicine that is listed under section 26AE of the Act or a complementary medicine that is registered under section 25 of the Acta statement, pictorial representation or design authorised or required by a government or government authority (not including a foreign government or foreign government authority) under paragraphs 42DL(9)(b) and 42DLB(6)(b) of the Act, or prescribed by the Regulations for the purposes of paragraphs 42DL(9)(c) and 42DLB(6)(c) of the Act.

Subject to subsection (2A), an advertisement for therapeutic goods must not contain an endorsement from, or imply that the therapeutic goods are endorsed by:

a government authority, hospital or healthcare facility; or

an employee or contractor of a government authority, hospital or healthcare facility; or

a health practitioner, health professional, medical researcher or a group of such persons.

(2A) For the purposes of paragraph (2)(a), a healthcare facility does not include a community pharmacy.

An advertisement for therapeutic goods must not contain an endorsement from, or imply that the therapeutic goods are endorsed by:

an organisation that:

represents the interests of healthcare consumers; or

represents the interests of health practitioners, health professionals or medical researchers; or

conducts or funds research into any disease, condition, ailment or defect; or

an employee or contractor of an organisation mentioned in paragraph (a), other than an individual mentioned in paragraph (2)(b) or (c);

unless the advertisement:

names the organisation; and

discloses:

the nature of the endorsement; and

whether the organisation, or employee, has received, or will receive, any valuable consideration for the endorsement.

For the purposes of subsection (3), an organisation means any group, association or body (whether incorporated or unincorporated).