The Australian Government's Therapeutics Goods Administration (the TGA) substantially revised its prohibions on advertising COVID-19 vaccines (link opens in a new tab) on 2 March 2021.
The TGA's earlier version of 22 February 2021 is available on the internet archive "Wayback Machine" - advertising COVID-19 vaccines - version of 22 February 2021 (link opens in a new tab)
- Added text is shown with underlining.
- Deleted text from 22 February 2021 is shown with
strikethrough.
Home » Safety information » COVID-19 vaccines » COVID-19 vaccine advertising and import compliance
There are rules that you must follow if you wish to
Government advertising content is available to assist you to
advertise COVID-19 vaccines without breaking the rules
22 February2 March 2021
The
advertising of prescription medicines (including vaccines) to consumers is
generally prohibited in Australia. However, some exceptions (such as the use of specific promotional materials to advertise COVID-19
vaccines has been authorised materials) are in place to support the
roll-out of theCOVID-19 vaccines across
Australia.
As
part of the Australian Government Department of Health, the Therapeutic Goods
Administration (TGA) regulates the advertising of therapeutic goods in
Australia. This fact sheet explains how vaccine providers and other parties maycan lawfully advertise
theprovide information
about and promote COVID-19 vaccinevaccines without risking penalties for breachinga breach of the prohibition
on advertising prescription medicines.
Consultations are exempt from advertising requirements
Information shared between a doctor, pharmacist or nurse and their patient during consultation or treatment is not subject to the advertising rules for therapeutic goods including the prohibition on advertising prescription medicines. For example, if a patient asks their doctor what brand of vaccine they will be receiving the doctor can provide advice to the patient without risk of breaching the advertising laws.
Advertising COVID-19 vaccines lawfully
People wanting to advertise (i.e. promote) the COVID-19 vaccines can use a range of government advertising content to inform consumers about, and facilitate access to, the vaccines. Advertisers, including doctors and pharmacists, can also add to this material to advise consumers of when and where the vaccines are available.
Specifically, it is acceptable to:
Advertisers must not:
use self-developed advertising about COVID-19 vaccines
Advertisers
can:
use Australian Government
produced materials to promote COVID-19 vaccines
use materials produced by
Australian state or territory governments to
promote COVID-19 vaccines
provideadd factual
information to government
materials to assist the public in obtaining the vaccine such as:
o the location of the COVID-19 vaccination service
o times vaccines are administered or opening hours of the service provider
o whether there is a need for an appointment to receive the vaccination and how to make one
provide the factual information listed
above, independently to government materials, to assist the public in obtaining
the vaccine.
When using government materials, advertisers must:
ensure that
the materials are:
o genuine
o not
altered or added to, other than to record the factual information described
above i.e. logistical information
o not used in a way that may alter the take-home message for consumers, through either placement of the materials or proximity to other promotional materials
Government
produced materials may be used in all communication channels including on
websites, as flyers, in
newsletters, in social media or emails, or as posters as well as in the windows and on the
walls at vaccine providers, clinics, pharmacies, and other businesses. Businesses with an interest in disseminating information
about the availability of the vaccine may also use the materials in their
newsletters, social media and emails.
In using government materials to promote COVID-19 vaccines, advertisers must be careful not to add:
the tradename and/or active ingredient of the specific vaccine or other information that might enable consumers to
identify the particular vaccine or the manufacturer of the vaccine
statements or the implication that harmful effects will result
from not receiving the vaccine
statements or the implication that the vaccine offered is superior
to other vaccines (e.g. a statement about the efficacy against a particular
strain)
incentives to encourage a consumer to obtain the service or
vaccine
any comparisons between vaccines (even if supported by evidence)
Advertisers must not:
use self-developed advertising about COVID-19 vaccines
The TGA has powers to issue directions to advertisers, impose fines or pursue court action for breaking the advertising laws.
In regulating the advertising of therapeutic goods the TGA uses a range of compliance approaches from education and assisted compliance through to more serious compliance action such as issuing directions, fines or pursuing court action.
Factual and balanced information may not be advertising
Presenting factual and balanced information about the COVID-19 vaccines is unlikely to be considered as advertising or promotional, subject to the context in which the information is presented. Some examples of this include:
- a doctor providing their general view in relation to vaccination broadly (provided they do not promote individual vaccines - COVID-19 or otherwise)
- technical information relating to how the vaccines were developed and manufactured
- sharing scientific reports from reputable sources (like the World Health Organization) about vaccination
- re-tweeting or sharing valuable news-worthy information from reputable sources about the COVID-19 vaccines that would not have the effect of promoting the vaccines; or
- presenting comprehensive information that doesn't emphasise the benefits over, for example, the risks and limitations.
As a general guideline, if the content persuades consumers, for example through the use of promotional terms or language, to seek out COVID-19 vaccines, then it would be considered advertising.
Further information
- The Australian Government materials on COVID-19 vaccines are available from:
- You should use the appropriate Australian Government or Australian state or territory government materials in the same way to promote influenza and other vaccines.
- If you have questions about the legal requirements regarding advertising of therapeutic goods including vaccines, please lodge an advertising enquiry online with the TGA.
Examples
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Facebook post Downtown Medical Centre You can now get vaccinated against COVID-19 at the Downtown Medical Centre. Available Monday to Friday from 9am - 9pm. Call 9999 9999 for an appointment. |
Facebook post (all content self developed) Downtown Medical Centre A COVID-19 vaccine is the best way to protect you and your family from falling seriously ill! You can now get your COVID-19 vaccination at the Downtown Medical Centre. Available Monday to Friday from 9am - 9pm. Just walk-in and enjoy a free cappuccino while you wait. Video of patient receiving a vaccine and saying "Wow that didn't hurt at all!". |
Facebook post Downtown Pharmacy You can now get the COVID-19 vaccine at Downtown Pharmacy. Available Monday to Friday from 9am - 9pm. Call 9999 9990 for an appointment. <image - Australian Government social media tile showing vaccine is free(link is external)> |
Other regulatory requirements
Advertising to consumers, whether for a product or service, is regulated under the Australian Consumer Law(link is external).
Registered health professionals are also subject to the Australian Health Practitioner Regulation Agency's Guidelines for advertising a regulated health service(link is external).
- Category:Advertising
- Tags:vaccines, COVID-19 vaccines
- URL:https://www.tga.gov.au/node/936608
https://www.tga.gov.au/advertising-covid-19-vaccines-australian-public
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