General Requirements for Applying the Therapeutic Goods Advertising Code in Australia

1. Purpose of the Advertising Code

The Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 establishes mandatory standards to ensure consumer-directed advertisements for therapeutic goods are truthful, balanced, and do not mislead or harm consumers. It aims to protect public health by promoting accurate and responsible promotion of therapeutic goods. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements

2. Core Principle: Truthful and Not Misleading

Advertisements must not contain false or misleading information about the goods, their ingredients, intended use, or effects. This includes avoiding implications or omissions that could mislead consumers about the nature, quality, or benefits of the product. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements

3. Balanced Presentation of Information

Claims must be presented in a balanced manner, including both benefits and any relevant limitations or risks where appropriate. Selective emphasis on positive aspects while downplaying negatives is not permitted. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements

4. Substantiation of Claims

All claims must be supported by appropriate evidence held by the advertiser. For listed medicines, claims must align with permitted indications and be substantiated; for registered medicines, they must match approved indications. Evidence should be scientific where efficacy claims are made. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements

5. Clear and Comprehensible Language

Advertisements must use language that is readily understood by the general public, avoiding technical jargon unless clearly explained. Mandatory statements (e.g., 'Always read the label and follow the directions for use') must be included and prominent where required. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements

6. Avoidance of Undue Fear and Exploitation

Advertisements must not arouse unjustified fear about health consequences of not using the product or exploit consumers' concerns about their health status. This includes avoiding alarming depictions or unsubstantiated implications of serious harm. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements

7. No Disparagement or Unfair Comparisons

Advertisements must not disparage, denigrate, or unfairly compare other therapeutic goods, health professionals, or services. Comparative claims must be factual, verifiable, and not misleading. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements

8. Practical Compliance Tips

Advertisers should:

• Ensure claims precisely match permitted/approved indications
• Maintain robust evidence files for all claims
• Review materials against the Code's general and specific requirements
• Use plain English and test comprehension where possible Non-compliance with these general requirements can lead to enforcement action regardless of other Code compliance. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-general-requirements