AdCheck is an advertising advisory service, from CHP Australia, that provides comprehensive expert compliance checks for all forms of direct to consumer therapeutic goods advertising. The service can also provide training, as well as support if an ad receives a complaint. AdCheck’s comprehensive services are available for all forms of direct-to-consumer therapeutic goods advertising, including:
Anyone involved in the creation and/or placement any type of therapeutic goods adverts that are directed to consumers. This may include product sponsors, agencies, broadcasters, publishers, legal representatives, etc.
AdCheck will review any type of advert for therapeutic goods directed to consumers. This covers all forms of adverts including those previously subject to mandatory pre-approvals AND those that weren’t, such as websites, social media, in store materials, etc.
CHP Australia has many years’ experience in managing and conducting the mandatory pre-approvals as a delegate of the TGA (Therapeutic Goods Administration). You can trust that CHP Australia has expert knowledge on the TGAC (Therapeutic Goods Advertising Code). The TGAC is a living document, with 3 updates since June 2018. All advertising must continuously be “code compliant”.
The AdCheck team includes some of the same CHP compliance experts who previously provided mandatory pre-approvals.
The details for the process can be found here.
The AdCheck team includes some of the same CHP compliance experts who previously provided mandatory pre-approvals.
The full price list, by advert type, can be found here
When you submit an advert to AdCheck, you will be given more than a yes/no response to whether we judge it to be compliant. If we do not believe the advertisement is compliant, we will offer specific advice and suggestions on how to make it compliant.
Separately, if you have specific needs for advice at the early stages of concept or advert development, you can contact AdCheck for a quote on providing upfront advice and guidance.
If your advert was reviewed by AdCheck and given an AdCheck number, CHP Australia will provide support to you relating to our rationale and justification for our decision.
AdCheck will not publish the outcomes of any of our reviews. We will however, assign unique AdCheck numbers to those advertisements deemed compliant. This number can feature within the ad (like previous mandatory pre-approval number) so other stakeholders are aware it has been pre-vetted. External parties can submit a request to AdCheck to verify this number and confirm the specific ad was reviewed by AdCheck.
Yes, we will advise them that the advert includes a restricted representation and ask for confirmation that the TGA has approved an exemption for the restricted representation. Without an exemption, the advert would not be compliant with the Code and will need to be amended before an AdCheck number can be issued.
This refers to the Therapeutic Goods Advertising Code. All adverts for therapeutic goods directed to consumers must comply with the requirements of the TGAC. The TGAC is a living document, with 3 updates since June 2018. All advertising must continuously be “code compliant”.
The full TGAC can be found on the TGA (Therapeutic Goods Administration) website here.
All adverts for therapeutic goods directed to the consumer.
If deemed compliant the advert will be issued a unique AdCheck number. This number can be featured within the ad (like previous mandatory pre-approval number) so other stakeholders are aware it has been reviewed.
External parties can submit a request to AdCheck to verify this number and confirm the specific advert was reviewed by AdCheck.
If deemed non-compliant with TGAC, AdCheck will – where practicable - provide advice on how to make the advert compliant. If compliance cannot be achieved, AdCheck will close the application. There will be no “rejected” applications and the applicant’s review will be kept confidential by AdCheck.
No. AdCheck is a fully independent service provided by CHP Australia. It is for the use of anyone who is involved in advertising therapeutic goods to consumers. It is not connected to the TGA in any way. Our AdCheck Advertising Compliance Consultants are independent, separate from, and not connected with the TGA. The AdCheck team includes some of the same CHP compliance experts who previously provided mandatory pre-approvals.
Yes. When the government approved the abolition of mandatory pre-approvals it did so ‘in favour of a more self-regulatory system’ and a Senate Committee recommended that the TGA (Therapeutic Goods Administration) “investigate ways to better support the effective functioning of self-regulatory models by industry”. CHP Australia has communicated to the TGA and the Health Minister about our AdCheck service and has received positive support from both for this industry self-regulation initiative.
The AdCheck service is a third party, objective review of your advertising. The fact that an advertiser sought a review from an independent vetting service beforehand can be taken into account as a mitigating factor should a breach subsequently be found. The past behaviour of an advertiser will be relevant in determining the appropriate penalty should a breach subsequently be found. Taking this step could and should, be seen as an effort to ‘do the right thing’ in terms of meeting your compliance responsibilities.
As the TGA states on their website (https://www.tga.gov.au/advertising-sanctions-and-penalties) an advertiser's “attitude towards compliance” is a factor to be considered when determining the appropriate compliance and enforcement tools.
The previous safeguard of mandatory pre-approval for direct to consumer advertising no longer exists as of 30 June 2020. Companies that create and place adverts will however, still have the legal responsibility to ensure their adverts are compliant, but without this compliance safety net. Advertisers, publishers, broadcasters and media agencies not only risk heavy fines and sanctions, but also brand and reputational damage. This will be in an environment where the TGA (Therapeutic Goods Administration) was given powers to impose greater sanctions and penalties as an outcome of the Medicines and Medical Devices Review (MMDR) in 2018.
Even though mandatory pre-approvals of therapeutic goods advertising to consumers ended on 30 June 2020, companies that create and place adverts still have the legal responsibility to ensure their adverts are compliant, but without the benefit of this compliance safety net. Product sponsors, advertisers, publishers, broadcasters and media agencies, not only risk heavy fines and sanctions, but also brand and reputational damage. During mandatory pre-approvals, approximately 60-70% of advertisements submitted to the CHP Australia Advertising Services Office for pre-approval required some form of amendment.
This service is for television commercials for therapeutic goods. It is provided at no extra cost to applicants who have already had their storyboard/script/video checked by AdCheck for TGAC compliance and were issued an AdCheck number. The final TVC will be reviewed for broadcast compliance and will be issued a classification code.
It is provided at no extra cost to applicants who have already had their advertisement checked by AdCheck for TGAC compliance.
Then the final TVC must be submitted & reviewed again by AdCheck for TGAC compliance. It can be done as a variation (see price list). A new AdCheck number will then be provided and the TVC classification given to the revised TVC.
