From 1 July, those who create and/or place therapeutic goods advertising to consumers will have to manage their compliance obligations without the safety net provided by mandatory pre-approvals.
Mandatory pre-approvals have helped protect advertisers, consumers and retailers from noncompliant advertising through independent, expert compliance checks from dedicated Therapeutic Goods Advertising Code (TGAC) experts.
The TGAC is a complex, living document, with hundreds of pages of TGA guidance to assist advertisers with its more nuanced elements.
An estimated 60-70% of ads submitted for mandatory pre-approvals to CHP Australia’s Advertising Services Office required some form of compliance amendment.
Noncompliance risks not only TGA enforcement action, including fines up to $10 million and criminal prosecution, but also:
- Brand and reputational damage
- Jeopardising creative and financial investments made to develop a brand
- Opportunity loss and creative costs of relaunching ad campaigns
- Administrative and legal costs managing complaints and noncompliance issues
Advertisers, in adapting to this new compliance environment and the end of the pre-approval’s safety net, should reassess their compliance obligations, capabilities and liabilities.
Using an independent compliance service with dedicated TGAC experts, like AdCheck, can help minimise the risk of noncompliance.
AdCheck, provided by CHP Australia, offers independent, expert compliance checks and advice on all forms of direct to consumer therapeutic goods advertising.
AdChecks are performed by the same CHP compliance experts who previously provided mandatory pre-approvals.
AdCheck’s comprehensive services are available 1 July to any company that creates and/or places therapeutic goods ads, not just CHP Australia members, and include:
- Timely and dependable compliance checks regardless of the ad’s consumer audience or communication medium
- Expert guidance and advice to address compliance issues
- Early stage concept consultations and advice
- Coaching and compliance training
- Support and advice managing complaints
- Unique AdCheck verification number
Don’t run the risk – Submit for AdCheck
For more information about the AdCheck service visit www.adcheck.com.au