30Prohibited representations

30 Prohibited representations

For the purposes of paragraph 6B(1)(b) of the Regulations, the following representations are prohibited representations:

any representation regarding abortifacient action;

any representation regarding the treatment, cure, prevention, diagnosis (including screening), monitoring or susceptibility of, or pre-disposition to, the following diseases:

neoplastic disease;

sexually transmitted diseases;

human immunodeficiency virus and acquired immune deficiency syndrome (HIV AIDS);

hepatitis C virus (HCV);

mental illness.

Note 1: Subsection 42DJ(1) of the Act provides that representations of a kind specified in Regulations made for the purposes of that subsection are prohibited representations about therapeutic goods of a kind specified in those regulations. Subregulation 6B(1) of the Regulations provides that the representations mentioned in this instrument are prohibited representations.

Note 2: Section 42DK of the Act provides for the Secretary to permit the use of a prohibited representation in certain circumstances.

Note 3: See sections 42DL and 42DLB of the Act for offences and a civil penalty for advertising therapeutic goods, where the advertisement contains a prohibited representation.

Schedule 1—Medicine ingredients with specific health warnings

Note: See section 4 (paragraph (a) of the definition of ‘health warnings’).