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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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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The importation, manufacture, advertising and supply of cosmetics in Australia is highly regulated and complex. Dealing with three government regulators adds to the complexity and expense of getting cosmetics to market. In this Information Sheet Stephens Lawyers & Consultants offers guidance on some of the matters to be considered before a cosmetic product or range can be launched in the Australian market.
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