21Advertisements—other therapeutic goods

21 Advertisements—other therapeutic goods

General requirements (1) An advertisement about other therapeutic goods must contain: (a) the trade name of the goods; and (b) an accurate description of the goods; and (c) one or more accepted indications for the goods; and (d) where there is a label on or attached to the goods—the following statement, prominently displayed or communicated: ALWAYS READ THE LABEL AND FOLLOW THE DIRECTIONS FOR USE (e) where there is no label on or attached to the goods—the following statement, prominently displayed or communicated: ALWAYS FOLLOW THE DIRECTIONS FOR USE Additional requirements for advertisements that facilitate directly the supply of other therapeutic goods not able to be physically inspected before supply (2) Where: (a) an advertisement facilitates directly the purchase or other supply of other therapeutic goods; and (b) the goods are not able to be physically inspected by a consumer before the purchase or other supply;

Note: For paragraphs (a) and (b), an advertisement that facilitates directly the purchase or other supply of other therapeutic goods without prior physical inspection includes an advertisement that is published on a website, social media, or a software application, through which a transaction for the goods may be conducted.

then the advertisement must also include:
(c) each ingredient of the goods that is a substance included in a schedule to the current Poisons Standard, where relevant; and
(d) if one or more health warnings apply in relation to the goods—either of the following, prominently displayed or communicated:
(i) a list of the health warnings; or
(ii) a link to the health warnings.

(3) For subparagraph (2)(d)(ii), a link to health warnings in relation to other therapeutic goods must provide a consumer with direct access to the warnings or a document containing those warnings. (4) In this section:

accepted indication means:

(a) in relation to other therapeutic goods that are included in the Register—an indication that is accepted in relation to the inclusion of the goods; or
(b) in relation to other therapeutic goods that are not included in the Register and are not prescribed for the purposes of subsections 42DL(12) and 42DLB(9) of the Act—an indication that is displayed on the label of the goods.

Note: Regulation 7 of the Regulations prescribes therapeutic goods for the purposes of the offence and civil penalty provisions in subsections 42DL(12) and 42DLB(9) of the Act, respectively. Other therapeutic goods prescribed in this regulation, and not included in the Register, must not be advertised to consumers. Other therapeutic goods that are not prescribed, and not included in the Register, may be advertised to consumers.