APPENDICES

APPENDIX 1

(clause 1)

World Health Organisation: Ethical Criteria For Medicinal Drug Promotion 1988

WHO's Ethical Criteria for Medicinal Drug Promotion 1988 are underpinned by the following main principles, cited verbatim:

(a) "Promotion" refers to all informational activities by manufacturers and distributors, the effect of which is to induce the prescription, supply, purchase and/or use of medicinal products.

(b) All promotion-making claims concerning medicinal drugs should be reliable, accurate, truthful, informative, balanced, up-to-date, capable of substantiation and in good taste. They should not contain misleading or unverifiable statements or omissions likely to induce medically unjustifiable drug use or give rise to undue risks.

(c) Comparison of products should be factual, fair and capable of substantiation.

(d) Advertisements to the general public should help people to make rational decisions on the use of drugs determined to be legally available without prescription. While they should take into account people's legitimate desire for information regarding their health, they should not take undue advantage of people's concern for their health, nor mislead the consumer into unwisely relying on medicines to solve physical, emotional or mood problems.

(e) The provision of free samples to the general public for promotional purposes is difficult to justify from a health perspective.

(f) Advertisements may claim that a drug can cure, prevent or relieve an ailment only if this can be substantiated.

(g) Language which brings fear or distress should not be used.

(h) Advertisements should not be allowed for certain serious conditions that can be treated only by qualified health practitioners.

APPENDIX 2

(clause 2.6)

Section 42AA of the Therapeutic Goods Act 1989

42AA This Part not to apply to advertisements directed at health professionals etc.

(1) This Part does not apply to advertisements directed exclusively to:

(a) medical practitioners, psychologists, dentists, veterinary surgeons,

pharmacists, physiotherapists, dietitians, scientists working in medical laboratories or nurses; or

(b) persons who are:

(i) engaged in the business of wholesaling therapeutic goods; or

(ii) purchasing officers in hospitals; or

(c) herbalists, homoeopathic practitioners, chiropractors, naturopaths,

nutritionists, practitioners of traditional Chinese medicine, podiatrists or osteopaths registered under a law of a State or Territory.