(1)      An advertisement for Therapeutic Goods must:

        (a)      comply with the statute and common law of the Commonwealth, States and Territories; and

        (b)     contain correct and balanced statements only and claims which the sponsor has already verified.

(2)      An advertisement for therapeutic goods must not:

        (a)      be likely to arouse unwarranted and unrealistic expectations of product effectiveness;

        (b)     be likely to lead to consumers self-diagnosing or inappropriately treating potentially serious diseases;

        (c)      mislead, or be likely to mislead, directly or by implication or through emphasis, comparisons, contrasts or omissions;

        (d)     abuse the trust or exploit the lack of knowledge of consumers or contain language which could bring about fear or distress;

        (e)      contain any matter which is likely to lead persons to believe:

                (i)        that they are suffering from a serious ailment; or
                (ii)      that harmful consequences may result from the therapeutic good not being used.

        Sunscreen preparations are exempted from (ii) if the claims made in the advertisement are consistent with current public health messages.

        (f)       encourage, or be likely to encourage, inappropriate or excessive use;

        (g)      contain any claim, statement or implication that it is infallible, unfailing, magical, miraculous, or that it is a certain, guaranteed or sure cure;

        (h)      contain any claim, statement or implication that it is effective in all cases of a condition;

        (i)        contain any claim, statement or implication that the goods are safe or that their use cannot cause harm or that they have no side-effects; or

        (j)       be directed to minors, except the therapeutic goods listed in Appendix 5. 

(3)      Incentives to pharmacy assistants and other non-healthcare professional sales persons

An advertisement must not offer any personal incentive to a pharmacy assistant, or other non-healthcare professional sales person at retail, to recommend or supply therapeutic goods.

(4)      Scientific Information

Any scientific information in an advertisement should be presented in a manner that is accurate, balanced and not misleading. Scientific terminology must be appropriate, clearly communicated and able to be readily understood by the audience to whom it is directed.  Publication of research results must identify the researcher and financial sponsor of the research.

(5)      Comparative Advertising

Comparative advertisements must be balanced and must not be misleading or likely to be misleading, either about the therapeutic goods advertised or the therapeutic goods, or classes of therapeutic goods, with which it is compared.  Points of comparison should be factual and reflect the body of scientific evidence.  Comparisons should not imply that the therapeutic goods, or classes of therapeutic goods, with which comparison is made, are harmful or ineffectual.

(6)      Professional Recommendation

        (a)      Advertisements may include reference to sponsorship of any government agency, hospital or other facility providing healthcare services, provided that sponsorship is explicitly acknowledged and is not presented as an endorsement of a therapeutic good.

        (b)     Advertisements must not contain or imply endorsement by:
                (i)             any government agency; 
                (ii)           hospitals and other facilities providing healthcare services;
                (iii)          individual or groups of healthcare professionals, other than where the emphasis is on the availability, which may include the price of therapeutic goods through his/her retail business; or
                (iv)         by individuals, who are healthcare professionals by way of their representation in advertisements or academic qualifications, and / or who are likely to be known as healthcare professionals by the reasonable person.

(c)      Advertisements must not contain or imply endorsement of the goods by bodies or peak healthcare professional associations that:
        (i)             represent the interests of health consumers;
        (ii)           conduct or fund research into a disease, condition disorder or syndrome; or
        (iii)          represent healthcare professionals;

        unless:
        (iv)         the advertisement names the body or association;
        (v)           the endorsement is authenticated; 
        (vi)         the nature of the endorsement is clearly disclosed; and  
        (vii)        the endorsement is based upon an objective assessment of available scientific data supporting the use of that product.  Where this is not the case and where the body or association has received valuable consideration for the endorsement, the advertisement must acknowledge that consideration.

(7)      Testimonials

Testimonials must not breach the Code. They must be documented, genuine, not misleading and illustrate typical cases only.

(8)      samples

An advertisement for therapeutic goods (other than therapeutic devices and sun screening preparations) must not contain an offer of a sample.