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COMPLAINTS RESOLUTION PANEL DETERMINATION
Complaint 2009-09-011 Penna’s Pharmacy
Meeting held 4 February 2010
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Complaint summary
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Complainant
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Requested anonymity
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Advertiser
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Penna’s Pharmacy
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Publisher
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Fairfax Media Ltd
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Subject matter of complaint
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Print advertisement
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Type of determination
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Final
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Sections of the Code, Regulations or Act found to have been breached*
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Act section 42C
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Sections of the Code, Regulations or Act found not to have been breached*
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None
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Sanctions
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Withdrawal of advertisement
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* only sections of the Code, Act, or Regulations that were part of the complaint or were raised by the Panel are listed
Findings of the Panel
1. Section 42C of the Act makes it an offence to publish certain advertisements for therapeutic goods in specified media that does not have an approval number, or to publish an advertisement without its approval number, and through reference to the Regulations, applies to “advertisements for designated therapeutic goods published or inserted, or intended to be published or inserted, for valuable consideration, in specified media.”
2. The sole matter raised in the complaint was that the advertisement had been published without a valid approval number. The advertiser and publisher acknowledged this breach.
3. The Panel was satisfied that the publication of the advertisement breached section 42C of the Act, and the complaint was therefore justified with respect to both the advertiser and the publisher.
4. The Panel requests the advertiser and the publisher, in accordance with subregulation 42ZCAI(1) of the Therapeutic Goods Regulations 1990:
a) to withdraw the advertisement from further publication; and,
b) within 14 days of being notified of this request, to provide evidence to the Panel of its compliance, including a response in writing that they will comply with the Panel’s sanctions, and where appropriate, supporting material such as copies of instructions to advertising agents or publishers, or correspondence with retailers and other third party advertisers.
5. The advertiser’s attention is drawn to the provisions of sub-regulations 42ZCAI(3) and (4) which permit the Panel to make recommendations to the Secretary in the event of non-compliance with this request.
Dated 7 April 2010
For the Panel
Jason Korke
Chairman
In this determination, unless otherwise specified:
a) “the Act” means the Therapeutic Goods Act 1989;
b) “the Regulations” means the Therapeutic Goods Regulations 1990;
c) “the Code” means the Therapeutic Goods Advertising Code;
d) “the Register” means the Australian Register of Therapeutic Goods;
e) “any other advertisement” appearing in sub-regulation 42ZCA1(1)(d) is not confined to advertisements in specified or broadcast media (in relation to which complaints may be made to the Panel under Regulation 42ZCAB).
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