29Restricted representations—public interest criteria

29 Restricted representations—public interest criteria

For the purposes of paragraph 42DF(4)(c) of the Act, the public interest criteria for dealing with restricted representations are as follows: (a) whether the representation would be likely to exploit, or take advantage of, vulnerable consumers, or particular groups of consumers, impacted by the disease, condition, ailment or defect; and (b) whether the representation would be likely to delay or discourage consumers from seeking timely medical attention, where the attention is necessary to prevent negative health consequences, morbidity or mortality, or deterioration or progression of the disease, condition, ailment or defect; and (c) whether the representation (itself or together with other representations) would be likely to have a negative impact on public health; and (d) any other public interest criteria that the Secretary considers relevant.

Note: This section mentions the public interest criteria that the Secretary must consider when deciding to approve or refuse the use of a restricted representation under section 42DF of the Act.