(1) All advertisements for Therapeutic Goods are subject to the Therapeutic Goods Act 1989 and Therapeutic Goods Regulations, the Trade Practices Act 1974 and other relevant laws. Compliance with this Code does not exempt advertisements from the application of those laws.
(a) Advertisements for therapeutic goods directed to consumers must comply with the Code.
(b) Advertisements for therapeutic goods directed exclusively to healthcare professionals are governed by industry codes of practice and are not subject to this Code. (Appendix 2 refers).
(c) This Code does not apply to bona fide news, public interest or entertainment programs; or information material which complies with the Price Information Code of Practice.
(2) The conformity of an advertisement with this Code should be assessed in terms of its probable impact upon the reasonable person to whom the advertisement is directed.
(3) Advertisements for therapeutic goods appearing in specified and broadcast media must be approved by the appropriate Advertising Services Manager for compliance with the Code (Appendix 3 refers) prior to publication or broadcast, other than:
(a) therapeutic devices, and
(b) advertisements for those therapeutic goods that may be advertised and which display only name, picture and/or price and /or point of sale, without therapeutic claims; and
(c) information material which complies with the Price Information Code of Practice.
(4) Appeals and complaints shall be dealt with as set out in Appendix 4.