Therapeutic Goods Advertising Code

Jun 6, 2022

From 1 July 2022, advertisements must comply with the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021.

Online/social media advertising

This requirement to comply with the 2021 Code applies retrospectively to advertisements including social media, internet and broadcast media. For advertisements that can be readily amended, such as advertisements online and in social media, the TGA expects advertisers to transition to the 2021 Code requirements by the end of the transition period on 30 June 2022.

Hard copy advertising

The TGA also provided an update on their website for advertisers on the transitional arrangements regarding the 2021 Advertising Code, specifically in relation to stock of hard copy ads. The 5 April update, available here, provides that the mandatory warning statement requirements in the 2021 Code have been simplified and reduced in number compared with the 2018 Code. The TGA recognises that advertisers may hold stock of hard copy advertisements that meet the mandatory statement requirements of the 2018 Code but that are not strictly compliant with the 2021 Code.

While advertisers use up their stocks of existing hard copy advertisements the TGA has provided that they will adopt a pragmatic approach and will not seek to take enforcement action where advertisers comply with the requirements for mandatory statements in the 2018 Code, rather than the 2021 Code.

A full Table of Changes is available here.