A review of advertising arrangements for therapeutic goods in Australia and New Zealand

A Review of Advertising Arrangements for Therapeutic Goods in Australia and New Zealand is being undertaken to develop an advertising approval and complaints scheme that can be implemented as part of a trans-Tasman therapeutic goods agency. The Review will build on recent work to simplify the current advertising arrangements in Australia.

The Review fits within the context of the TGA's work to address the special exemption for therapeutic goods under the Trans-Tasman Mutual Recognition Arrangement (TTMRA). Under the TTMRA, Australia and New Zealand must work to lessen regulatory and trade barriers between the two countries.

The envisaged one-stop-shop arrangements will apply in both Australia and New Zealand, with a single therapeutic goods advertising code and common processes for approving advertisements and handling complaints and appeals. This is in contrast to current arrangements, where advertisements are approved under either therapeutic goods or broadcasting legislation and complaints are dealt with by a number of different industry and government bodies. The Review will not address broad policy issues associated with advertising of therapeutic goods, such as the advertising of prescription medicines.

It is expected that the recommended model would operate within the existing cost structures of the current co-regulatory arrangements and will deliver the independence, clarity, transparency and ease of access to advertising approvals and complaints handling required by both consumers and industry.

Mr Mike Codd, a former Secretary of the Department of Prime Minister and Cabinet, has been contracted to undertake the review and will be consulting with stakeholders in Australia and New Zealand.

A consultative committee has been established to consider the development of an advertising scheme for Australia that could then be adopted as part of a trans-Tasman agency. The committee is chaired jointly by consumers from Australia and New Zealand and includes approximately 25 members, including members of the Australian Therapeutic Goods Advertising Code Council, Complaints Resolution Panel and other industry interests and the media. The equivalent organisations in New Zealand and relevant New Zealand officials are also represented. The Trans Tasman Group in the TGA and Medsafe in New Zealand provide the secretariat services for the review.

An interim report is expected in August 2002 and a final report will be available in late November 2002.

The new advertising scheme is likely to commence in Australia in 2003. New Zealand may voluntarily adopt the scheme until it can be incorporated into the trans-Tasman scheme that, if accepted by both governments, would commence operation in 2004.