The object remains the same: to set out what is needed to ensure advertisements about therapeutic goods promote their safe and proper use, are ethical and not misleading, support consumers make informed health care choices and are consistent with public health messaging.
The key changes relate to the mandatory statement requirements, rules around endorsements, clarification of how testimonials can be used in advertising, and what constitutes a sample and is legally permitted to be provided as such.
What’s gone?
Pre-approval section - although these were abolished in 2020 as advertisers self-regulate and seek regulatory support from experienced consultants if needed (Hello there!)
Simplification of health warnings (see future post)
Simplification and streamlining of mandatory statements
What’s new?
Expanded list of goods that can be sampled - items deemed in the public interest
Detailing that those engaged in production, marketing or supply can not make testimonials about therapeutic goods (more on this another time)
A few minor tweaks to wording for clarity
What’s next?
The 6 month transition period will end on 30th June 2022, so from 1st July all advertising must comply with the TGAC 2021. A concession has been made to allow for pre-printed materials including the previous mandatory statements to remain available to advertisers until the end of the year. Destruction of such materials is not only expensive but includes the wastage of resources and accumulation of associated landfill. It would be nonsensical of regulators to enforce this aspect of code compliance where public health risk is negligible.
