4. PRINCIPLES

4.1 General

4.1.1 An advertisement for therapeutic goods must:

(a) comply with the statute and common law of the Commonwealth, States and Territories.

(b) Contain correct and balanced statements only and claims which the sponsor has already verified.

4.1.2 An advertisement for therapeutic goods must not:

(a) Be likely to arouse unwarranted and unrealistic expectations of product effectiveness;

(b) Be likely to lead to consumers self-diagnosing or inappropriately treating potentially serious diseases;

(c) Mislead directly or by implication or through emphasis, comparisons, contrasts or omissions;

(d) Abuse the trust or exploit the lack of knowledge of consumers or contain language which could bring about fear or distress;

(e) Contain any matter which is likely to lead persons to believe

(i) that they are suffering from a serious ailment, or

(ii) that harmful consequences may result from the therapeutic good not being used.

Sunscreen preparations are exempted from (ii) if the claims made in the advertisement are consistent with current public health messages.

(f) Encourage inappropriate or excessive consumption;

(g) Contain any claim, statement or implication that it is infallible, unfailing, magical, miraculous, or that it is a certain, guaranteed or sure cure;

(h) Contain any claim, statement or implication that it is effective in all cases of a condition;

(i) Contain any claim, statement or implication that the goods are safe or that their use cannot cause harm or that they have no side-effects; or

(j) Be directed to minors, except the therapeutic goods listed in Appendix 5.

4.1.3 – Incentives to pharmacy assistants and other non-healthcare professional sales persons

An advertisement must not offer any personal incentive to a pharmacy assistant, or other non-healthcare professional sales person at retail, to recommend or supply therapeutic goods.