Australia Therapeutic Goods Act 1989 s42DL-42DLC: Do not advertise therapeutic goods with unapproved prohibited or restricted representations, without required representations, with references to the Act, with implied government endorsement, or referring to Schedule 3, 4 or 8 substances, biologicals or prescribed unregistered goods, and obey any notice banning a false representation

What does s42DL-42DLC require?

Advertising therapeutic goods, or causing them to be advertised, is an offence and civil penalty where the advertisement contains a prohibited representation without a permission or outside its conditions; omits a required representation; contains a restricted representation without an approval or permission or outside its terms; refers to the Act other than to state the registration, listing or device number; states or implies the goods are recommended or approved by an Australian or foreign government or authority (other than as a pharmaceutical benefit or where a government authorises or requires it); refers to substances in Schedules 3, 4 or 8 of the Poisons Standard not in Appendix H, or to biologicals, or to prescribed goods not on the Register, unless a government authorises or requires it. Offences run from 5 years or 4,000 penalty units (where reliance on the advertisement has caused or is likely to cause harm) down to 100 penalty units strict liability, and civil penalties reach 5,000 penalty units for individuals and 50,000 for bodies corporate, with a defence for broadcasters and similar intermediaries who took reasonable steps. The Secretary may by notice stop a person advertising goods with a false or misleading representation, and contravening that notice is a further offence and civil penalty (sections 42DKB, 42DLA and 42DLC).