Medicinal Cannabis – Advertising Compliance
In March 2021 the TGA held a webinar to provide information to assist navigating the rules for advertising compliance for medicinal cannabis products. The members of the panel included representatives from the TGA, the Office of Drug Control (Department of Health) and the Australian Medicinal Cannabis Association. The slides from this webinar provide a comprehensive overview of advertising regulations and are available on the TGA website.
Medicinal Cannabis, whether in products that are registered on the ARTG or not registered and supplied under one of four ‘alternative pathways’ cannot be advertised to the public. There are both civil and criminal offenses for breaching the requirements of the Therapeutic Goods Advertising Code. It is therefore important to know exactly what is classed as advertising.
The term advertising has a broad definition and includes ‘any statement, pictorial representation or design that is intended, whether directly or indirectly, to promote the use or supply of the goods‘. This includes statements or pictorials on the label, package or on any material included with the goods.
What is classed as promotion?
It is important to look at the context in which information is presented. The context alone can imply promotion and as such the information could be deemed to be advertising. Consider whether the language is factual or a call to action. Testimonials, comparisons and anything that motivates a response or creates a sense of urgency are taken to imply promotion.
Advertising to health professionals (including medical practitioners, dentists, pharmacists, nurses, hospital purchasing officers) is permitted as long as it is secured so that it is directed exclusively to these professionals. E.g. secure information on your website for health professionals with a username and password. Note a self declaration by the person accessing the information is not sufficient to meet the requirement of exclusively to health professionals.
What is not permitted?
Unauthorised use of prohibited or restricted representations in advertising is a serious breach of the requirements. Prohibited representations are ‘Treatment, cure, prevention or diagnosis of eg. Depression, PTSD, Cancer. Restricted representations are epilepsy, seizures/fits, neuropathic pain, chronic pain, opioid addiction and anxiety.
The following are specifically not permitted in relation to medicinal cannabis products:
– any image or representation of the plant, leaves or of the product itself;
– consumer testimonials and case studies;
– any reference to medical conditions.
– claims about the quality of the products;
– reference to the benefits of the products or conditions they may be used to treat;
– a statement that the products include CBD oils.
Social Media
It is essential to monitor your social media feeds for non-compliant posts from third parties as you are responsible for any page you create/manage and so can be held liable if third party posts breach requirements. In addition be aware that tagging the TGA or a government entity in product-specific social media posts is not permitted as it implies government approval.
Additional Links
TGA Advertising Hub
TGA Advertising guidance for businesses involved with medicinal cannabis products
Case study – Medicinal cannabis prescription services
If you require help with advertising compliance within your business, please contact us.
