Advertising prescription-only medicines to the public can result in criminal and civil penalties for both corporations and individuals amounting to many millions of dollars. The Therapeutic Goods Administration has been stepping up its enforcement actions to stop unlawful advertising to the public of therapeutic goods including prescription-only medicines. This article includes some strategies that businesses can implement to minimize the risk of non-compliance.
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The new Medical Board/AHPRA “Guidelines For Registered Medical Practitioners who Advertise Cosmetic Surgery” came into effect on 1 July 2023. Health practitioners, individuals, businesses, and companies involved in advertising of health services will be subjected to greater scrutiny by the regulators who will be focusing on advertising and social media used to promote cosmetic surgery.
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Increasingly the ACCC is involved in technology disputes, either taking court enforcement proceedings against digital platforms and technology companies or intervening in private litigation commenced by affected parties. This review of recent technology cases provides useful insights for businesses and consumers into emerging trends and the related risk management.
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As from 1 July 2022, advertising of therapeutic goods must comply with the new Therapeutic Goods Advertising Code 2021, which came into effect on 1 January 2022 (with a 6 month transition period which ended on 30 June 2022). In addition, all advertising of therapeutic goods must comply with the Australian Consumer Law. Are your advertising campaigns complaint?
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