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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Legal Update: The Therapeutic Goods Administration has been issuing warnings for non-compliant advertising of therapeutic goods while the courts have made it clear when imposing penalties that when it comes to compliance with the Therapeutic Goods Act 1989 (Cth), ignorance of the law is no excuse.
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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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In February 2021 the Australian Competition and Consumer Commission (‘ACCC’), the agency responsible for enforcement of competition, consumer and product safety laws in Australia issued its 2021 Compliance and Enforcement Policy and Priorities [i]. The ACCC’s focus is again on product safety consumer protection and competition issues, particularly in the context of the COVID-19 pandemic [ii]…. Read More
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