(1) This section, other than paragraph (3)(b), does not apply to:
(a) advertisements for unbranded Therapeutic Goods; or
(2) This section does not apply to retail advertisements displaying only the name/picture of the goods and/or price and/or the point of sale, provided the advertisement does not contain a claim for therapeutic use.
(3) An advertisement for therapeutic goods shall contain:
(a) the trade name of the goods;
(b) a reference to the approved/permitted indication(s) for the use of the goods; and
(c) where applicable, a list of ingredients or the following statement prominently displayed or communicated, i.e. standing out so as to be easily read from a normal viewing distance, and/or heard and understood:
ALWAYS READ THE LABEL
(i) in the case of direct marketing and Internet marketing, which must contain:
- a full list of The Active ingredients. (Where the product name is also the single active ingredient, the pack shot displaying the product name will be sufficient to meet this requirement); and
- the mandatory warning statements prominently displayed on each page of the catalogue or internet that features therapeutic goods; and
- any mandatory advisory statements required to be included on the product label, prominently displayed on each page that features the relevant medicine/s; and
- if the medicine, when used according to the directions:
- has known serious adverse effects (in terms of severity and clinical importance); or
- is contraindicated for a known group of people because it could cause serious adverse effects which are reflected in the regulatory requirements on the label or in the Consumer Medicine Information (CMI);
an appropriate warning of those effects must be given, prominently displayed on each page that features the relevant medicine/s”; and
(ii) radio commercials which are 15 seconds or less.
(d) words to the following effect, prominently displayed or communicated, i.e. standing out so as to be easily read from a normal viewing distance, and/or heard and understood:
USE ONLY AS DIRECTED
and, in all advertisements other than radio commercials that are 15 seconds or less, for claims relating to symptoms of diseases or conditions,
IF SYMPTOMS PERSIST SEE YOUR DOCTOR/HEALTHCARE PROFESSIONAL
(e) or, in the case of Schedule 3 therapeutic goods listed in Appendix H of the Standard for the Uniform Scheduling of Drugs and Poisons, words to the effect of -
YOUR PHARMACIST’S ADVICE IS REQUIRED; and
(f) in the case of therapeutic goods that are able to be lawfully advertised and are available only directly from, or on the recommendation of, a health professional (except in the case of S2 and S3), the following statements should be prominently displayed or communicated, i.e. standing out so as to be easily read from a normal viewing distance, and/or heard and understood:
YOUR [APPROPRIATE HEALTHCARE PROFESSIONAL] WILL ADVISE YOU WHETHER THIS PREPARATION [PRODUCT NAME] IS SUITABLE FOR YOU/YOUR CONDITION.
(4) Print media advertisements for therapeutic goods must include the approval number which is to stand alone, be prominently displayed and located in the bottom right hand corner of the advertisements.