Australia's TGA no longer requires pre-approval of medicine ads

As of today (July 1, 2020 in Australia, advertisers of medicines will no longer be required to seek pre-approval from sector regulator, the Therapeutic Goods Administration (TGA) for advertisements of therapeutic goods in mainstream media (including magazines, newspapers, advertorials or competitions), broadcast media, cinematograph films and displays about goods (including posters).

The TGA will continue to regulate the advertising of therapeutic goods and advertisers must continue to ensure that they are fully compliant with the Therapeutic Goods Act 1989 (TG Act) and the Therapeutic Goods Advertising Code. Advertisers making "restricted representations" in their advertisements, such as a reference to a serious form of a disease, must still seek pre-approval from the TGA. Importantly, any reference to COVID-19 is a restricted representation.

Ads for therapeutic goods available to consumers are subject to the requirements in the Act and the Therapeutic Goods Advertising Code (the Code). The Code sets the requirements to ensure ads are socially responsible and do not mislead or deceive the consumer. Advertisements also need to comply with other relevant laws (eg, the Competition and Consumer Act 2010).