Therapeutic Goods Act 1989: Advertising Regulations for Health Professionals

The Therapeutic Goods Act 1989 provides an exemption for health professionals from certain advertising restrictions applied to therapeutic goods. This exemption allows professionals to critically analyze and access promotional content intended for their use without adhering to the same restrictions that apply to consumer-directed advertising. However, specific rules and limitations still apply:

Key Provisions:
Exemption from Consumer Advertising Requirements:

Health professionals are exempt from consumer advertising regulations, which typically restrict how therapeutic goods are promoted to the general public. This allows professionals to evaluate promotional materials without the limitations imposed on advertisements targeting consumers.
Prohibition on “”Off-Label”” Advertising:

Advertising therapeutic goods for “”off-label”” uses (i.e., uses not approved by regulatory authorities) is strictly prohibited.
Access Control for Advertisements:

Advertisements intended for health professionals must be secured from public access. This means both physical promotional materials and online content should only be available to verified health professionals.
Verification Mechanisms:

Advertisers are required to implement verification mechanisms to confirm that the users accessing the promotional content are indeed health professionals, ensuring that such materials are not available to the general public.
Non-Promotional Information:

Health professionals can share non-promotional factual information publicly without restriction, as long as it is not perceived as advertising.
This framework aims to ensure that health professionals can access necessary information for clinical purposes while maintaining appropriate safeguards to prevent misleading or unauthorized marketing practices.

Source: https://www.tga.gov.au/resources/guidance/advertising-health-professionals

Region:  Australia