Advertising to the Public: Complying with the TGA Code 2018 – Response to the Consultation Draft

This submission to the Therapeutic Goods Administration (TGA) responds to its consultation on draft guidance for complying with the Therapeutic Goods Advertising Code 2018, which took effect on 1 January 2019. It addresses a single element of the guidance: the section in Attachment B on ‘puffery’, meaning advertising claims so exaggerated that a reasonable person would not believe them, which implies that puffery may be permitted in advertising therapeutic goods. Research Australia supports the guidance on section 9 of the Code requiring all claims to be substantiated, valid, accurate and truthful, but maintains that puffery is by definition none of these and is therefore prohibited by the Code. It further maintains that wide variation in health literacy means a claim a ‘reasonable person’ would see as puffery may still mislead many consumers, especially older people, the less educated and those on low incomes. It cites Australian Institute of Health and Welfare data from 2006 showing that only 41% of Australians aged 15–74, and 22% of those aged 60–74, had adequate or better health literacy. It recommends the guidance retain its explanation of puffery but state clearly that puffery has no place in advertising therapeutic goods to consumers and is not a defence to a breach of the Code.