Posted: 4 July 2024
Companies involved in the supply of therapeutic goods in Australia must ensure that their advertising complies with the requirements of the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Advertising Code (Advertising Code) and the Australian Consumer Law. The advertising and promotion of prescription-only medicines directly to consumers, including through company social media accounts, by social media influencers and online advertisers, is prohibited under the Therapeutic Goods Act and Advertising Code.
The Therapeutic Goods Administration (TGA), the regulator responsible for administration of the laws, has been stepping up its enforcement actions to stop unlawful advertising to the public of therapeutic goods including prescription-only medicines.
Businesses and individuals involved in unlawful advertising of therapeutic goods, expose themselves to TGA infringement notices imposing significant fines and possible court proceedings being brought by the TGA that can lead to imposition of penalties for contravention of the law. Advertising prescription-only medicines to the public can result in criminal and civil penalties for both corporations and individuals amounting to many millions of dollars.
