Here is some important news for all our health care sector clients.

The Therapeutic Goods Advertising Code (No.2) 2018 (the No. 2 Code 2018) came into effect on 1 January 2019, replacing the 2018 Code.

All advertisers of therapeutic goods need to be aware of their responsibilities under the Code to ensure that they advertise their products in a socially responsible manner. Those advertisements must comply with the requirements of the Therapeutic Goods Act 1989 and the Code and there are strict penalties for those who do not comply.

Some of the changes introduced include:

Streamlining and clarifying the general requirements for advertisements of therapeutic goods that have a health warning;
Clarifying the requirements for scientific or clinical claims and those relating to endorsements and testimonials;
Removing a requirement for an advertiser to be aware of all possible public health campaigns when preparing an advertisement.

It is important for all our health care sector clients to assess their existing advertising to ensure it complies with the new No.2 Code.

To read more on the changes and how they might affect your business see the attached summary released by the Department of Health. (https://www.tga.gov.au/summary-changes-therapeutic-goods-advertising-code-2018)

Cove Legal is experienced in helping our health care sector clients navigate through the highly regulated waters of that sector. If you are unsure about the application of the 2018 Code and whether your advertising is compliant call Selina Gates today.

Selina Gates

P: +61 8 6381 0326 or e: selina@covelegal.com.au

This publication is not intended to provide and does not provide legal advice. You should seek professional legal advice relating to your specific situation(s) before taking any action based upon its contents.