25Samples

25 Samples

(1) An advertisement about therapeutic goods must not contain or consist of a sample, or an offer of a sample, of therapeutic goods, unless: (a) the goods are mentioned in an item in Annexure 2; and (b) the conditions (if any) for that item are met; and (c) the goods do not contain a substance included in Schedule 2, 3, 4 or 8 to the current Poisons Standard; and (d) in relation to goods included in the Register—the goods are supplied in a pack accepted in relation to the inclusion of the goods.

Note: It is an offence or contravention of a civil penalty provision in subsections 42DL(12) and 42DLB(9) of the Act respectively to offer or supply a sample of therapeutic goods that are prescribed in regulation 7 of the Regulations for the purposes of subsections 42DL(12) and 42DLB(9) of the Act, and not included in the Register.

(2) In this section:

sample, in relation to therapeutic goods, means any goods given for free.

Note: A sample does not include therapeutic goods offered under a ‘buy one, get one free’ arrangement, provided the free therapeutic goods are the same as the purchased therapeutic goods.