Non-compliance with the Therapeutic Goods Act or the Therapeutic Goods Advertising Code can result in infringement notices and court proceedings being issued by the regulator against the company and its directors and officers. Ignorance of the law is no excuse. We review some recent court decisions which highlight key matters for company directors to consider in order to minimize the risk of personal civil liability for breach of the TG Act and related criminal prosecution.
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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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The Australian Competition and Consumer Commission (‘ACCC’) has issued its 2022/23 Compliance and Enforcement Policy and Priorities. The ACCC’s priorities for 2022/23 include a focus on manipulative or deceptive advertising and marketing practices in the digital economy, environmental claims and sustainability.
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Courts continue to award large sums for online defamation. High Court rules that companies, organisations or individuals who create and administer public Facebook pages or pages on other networking platforms, which encourage or facilitate the posting of comments or content by third party users, will be liable as publishers for third party defamatory content or comments that have been posted on their page…
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