The TGA policy to publish its investigations into alleged breaches of its advertising code is designed to provide advertisers guidance on how the TGA interprets advertising requirements. So far two complaints for breaching the advertising code have been published: a complaint into Invisible Zinc's claim other sunscreens were harmful and Hedrin Lotion's claim that it did not contain pesticides. However, following a Parliamentary review the TGA is considering revamping these transparency measures to deter sponsors from breaching advertising requirements set out in the Therapeutic Goods Advertising Code (Advertising Code).
The advertising of therapeutic goods to consumers is regulated by, among other things, the Advertising Code. Compliance with the Advertising Code is monitored by the TGA Complaints Resolution Panel (Panel), whose purpose it is to investigate complaints regarding advertisement breaches of the Code. If the Panel determines the complaint is justified, they may request that the sponsor do certain things such as withdraw the advertisement or publish a corrective statement.
If sponsors fail to adhere to the Panel's requests, the complaint may be referred to the TGA. From there the TGA may initiate its own investigation and take certain action, including publishing the complaint. Prior to the Parliamentary review to improve the transparency of the TGA, the TGA was reluctant to publish complaints.
Following the parliamentary Review, this position has subsequently changed and the TGA has already published the complaints concerning Invisible Zinc and Hedrin Lotion. The fact that the TGA has published these two complaints indicates it has become increasingly willing to 'name and shame' sponsors in order prevent breaches of the Advertising Code.
As a result of the review, the TGA has decided to revise its current advertising transparency measures. The TGA's current advertising measures are designed to protect public health by promoting the safe use of therapeutic goods and ensuring that they are honestly promoted as to their benefits, uses and effects.
Little detail has been given regarding the proposed review or changes by the TGA and when they may come into effect. Despite the vagaries of how the TGA may amend its advertising transparency measures, sponsors should be hesitant not to comply with any request from the Panel. Failure to comply may see further action taken by the TGA, including publication of the investigation.
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