Prominently Displayed or Communicated Information in Therapeutic Goods Advertising in Australia

1. Requirement for Prominence

Mandatory statements and key information in consumer-directed advertisements must be prominently displayed or communicated so that they are likely to be noticed and understood by the average consumer. Prominence ensures important safety, usage, and regulatory information is not overlooked. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-prominently-displayed-or-communicated-information

2. Factors Determining Prominence

Prominence is assessed based on:

• Size and placement: Text should be sufficiently large and positioned where it is easily seen (e.g., not buried at the bottom or in fine print).
• Contrast and legibility: Clear contrast with background, readable font, and adequate spacing.
• Duration in audio/visual: Spoken clearly and for sufficient time in broadcast or video ads.
• Overall design: Not overshadowed by dominant images, headlines, or other elements. The TGA considers the overall impression on a reasonable consumer. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-prominently-displayed-or-communicated-information

3. Common Mandatory Statements Requiring Prominence

• 'Always read the label and follow the directions for use'
• 'If symptoms persist, talk to your health professional'
• 'Contains [substance] as the active ingredient' (where applicable)
• Warnings for specific restricted representations or ingredients These must stand out and not be diminished by surrounding content. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-prominently-displayed-or-communicated-information

4. Practical Examples of Compliant and Non-Compliant Presentation

Compliant:

• Bold, large-font mandatory statement at the top or bottom of print ads with high contrast.
• Clearly spoken warning held for several seconds in television commercials.
• Legible text overlay on video ads that remains visible long enough to read. Non-compliant:
• Tiny footnote-style text at the bottom of a busy webpage.
• Rapid voiceover of warnings drowned out by music or fast visuals.
• Mandatory text hidden behind images or in low-contrast colors. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-prominently-displayed-or-communicated-information

5. Application Across Different Media

• Print/static: Ensure text size relative to overall ad size; avoid reverse-out text unless highly legible.
• Broadcast/audio: Warnings must be spoken at normal speed with clear enunciation.
• Digital/online: Text must remain visible without scrolling on standard devices; pop-ups or overlays should not obscure mandatory info.
• Social media/short-form video: Limited space/time requires careful prioritization and clear presentation of required statements. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-prominently-displayed-or-communicated-information

6. Compliance Tips for Advertisers

Advertisers should:

• Test materials with typical consumers to confirm noticeability.
• Use design principles (size, color, position) to draw attention to mandatory text.
• Avoid clutter around required statements.
• Document design rationale for prominence decisions. Failure to meet prominence requirements can result in the advertisement being non-compliant even if all other content is accurate. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-prominently-displayed-or-communicated-information

7. Related Guidance and Enforcement

See the full Therapeutic Goods Advertising Code and TGA guidance on specific media types for additional detail. The TGA may take enforcement action for inadequate prominence, including requiring corrective advertising or penalties. Source: https://www.tga.gov.au/resources/guidance/applying-advertising-code-rules-prominently-displayed-or-communicated-information