24Testimonials and endorsements

24 Testimonials and endorsements

(1) A testimonial or endorsement used in an advertisement about therapeutic goods must comply with the requirements of this section, and all other applicable provisions of this Code. (2) A testimonial or endorsement about therapeutic goods must not be inconsistent with: (a) the label for the goods; and (b) the directions for use or the instructions for use for the goods; and (c) either of the following: (i) in relation to goods that are included in the Register—an indication or intended purpose that is accepted in relation to the inclusion of the goods; or (ii) in relation to 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 or intended purpose that is displayed on the label of the goods, and otherwise communicated in the directions for use or the instructions for use for 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. Therapeutic goods prescribed in this regulation, and not included in the Register, must not be advertised to consumers. Therapeutic goods that are not prescribed, and not included in the Register, may be advertised to consumers.

(3) If a testimonial or endorsement about therapeutic goods refers, expressly or by implication, to a health benefit, then the health benefit must be typical of the benefit expected from the goods when used in accordance with the label, the directions for use or instructions for use, and the indication or intended purpose accepted in relation to the inclusion of the goods in the Register (where applicable). (4) An advertisement about therapeutic goods must not contain a testimonial if the testimonial is made by any of the following: (a) a person who is engaged in the production, marketing or supply of the goods (a relevant person); (b) a member of a relevant person’s immediate family, unless the advertisement discloses that the person who made the testimonial is an immediate family member of the relevant person; (c) a person or organisation mentioned in paragraphs (6)(a) to (e); (d) a corporation.

Note: For paragraph (4)(a), a person who is engaged in the marketing or supply of therapeutic goods includes influencers, direct sellers and other persons who have, or will receive, valuable consideration for making the testimonial.

(5) An advertisement about therapeutic goods must not contain a testimonial, unless the advertiser has verified the content of, and identity of the person making, the testimonial. (6) An endorsement about therapeutic goods must not be given, whether expressly or by implication, by any of the following: (a) a government or government authority, unless otherwise permitted by the Act or Regulations; (b) a hospital, or healthcare facility, other than a community pharmacy; (c) employees or contractors of a body mentioned in paragraphs (a) or (b); (d) a current or former health practitioner, health professional or medical researcher; (e) a person who represents themselves as being qualified or trained to diagnose, treat or prevent disease, ailment, defect or injury in persons; (f) an organisation that represents the interests of healthcare consumers, or represents the interests of persons mentioned in paragraph (d), unless the advertisement discloses: (i) the name of the organisation; and (ii) whether the organisation has received, or will receive, any valuable consideration for the endorsement.