9Safe and proper use

9 Safe and proper use

(1) An advertisement about therapeutic goods must not contain any statement, pictorial representation or design that, expressly or by implication, represents the goods to be: (a) safe, or without harm or side-effects; or (b) effective in all cases, or a guaranteed cure; or (c) infallible, unfailing, magical or miraculous. (2) An advertisement about therapeutic goods must not : (a) cause, or be likely to cause, undue alarm, fear or distress; or (b) contain a representation to the effect that harmful consequences may result from the therapeutic goods not being used, unless the representation is the subject of an approval given under section 42DF of the Act or a permission made under section 42DK of the Act. (3) An advertisement about therapeutic goods must not contain any statement, pictorial representation or design that, expressly or by implication: (a) is inconsistent with the label, directions for use, consumer medicine information, instructions for use, or patient information leaflet (as relevant) of the goods; or (b) delays or discourages, or is likely to delay or discourage, persons from seeking necessary medical attention; or (c) delays or discourages, or is likely to delay or discourage, persons from undertaking treatment prescribed by a medical practitioner; or (d) exaggerates, or is likely to exaggerate, the efficacy or performance of the goods; or (e) encourages, or is likely to encourage, inappropriate or excessive use of the goods; or (f) compares the goods with other therapeutic goods, classes of therapeutic goods, or therapeutic services (comparator goods or services) where such comparison suggests that the comparator goods or services are harmful or ineffectual.