Samples Advertising of samples and handing out samples Advertising Education and Assurance Section Regulatory Compliance Branch Regulatory Practice and Support Division CHP Australia -Therapeutic Goods Advertising Code Seminar March/April 2020
Section 20 of the Code: Samples What is a sample? • Any therapeutic good distributed for free either alone, or in combination with other goods, that is intended to promote the use of the good • A sample does not have to be a special, or smaller version of the retail product Advertising and samples prohibition • Advertising must not contain an offer of a sample EXCEPT for those products listed in Schedule 3 of the Code: Condoms Stoma devices for self-management Sunscreens Continence catheter devices for self-management • These products were selected because of their important role in public or individual health 1
Applying section 20 Does s.20 also apply to handing out samples? • Yes, the act of handing out a sample of a therapeutic good in itself is an advertisement which is inherently offering a sample • Note that: advertise , in relation to therapeutic goods, includes make any statement, pictorial representation or design that is intended, whether directly or indirectly, to promote the use or supply of the goods Macquarie Dictionary defines ‘design’ as ‘to intend for a definite purpose’ – so if a sample of a therapeutic good is given ‘for a purpose’ and the giving of it is either intended to promote the use of the therapeutic good or is likely to have that effect, then the giving of the sample is a form of advertising which inherently includes the offer of that sample 2
Why restrict samples Responsible and appropriate use of therapeutic goods A consumer must make a conscious choice that a good being offered as a sample is • appropriate for them – there must be a therapeutic need for it • Controls over samples and advertising ensure that: – the public health benefits of wider public experience with the goods outweighs the risk of inappropriate or over use of the samples (e.g. sunscreens) – the goods are only selected and used for their indication or intended purpose when actually needed by the consumer for that purpose – the goods are not distributed in a manner that is unsupervised or encourages excessive or inappropriate use of therapeutic goods – children under the age of 12 do not have access to samples – children aged 12 and over only have access to samples where appropriate 3
Section 20: Samples example • Have you been diagnosed with IBS recently? • Wondering if you will ever find anything to help your symptoms? You can feel better in just two weeks – take the Bean’s challenge! • • Sign up at www.beanstonic.com.au and we will email you a voucher for a free one month supply of Bean’s Tonic from your local pharmacy 4
Section 20: Samples example Beanolyte - effervescent electrolyte tablets Stay hydrated this summer! Beanolyte helps restore body electrolyte balance and relieves symptoms of dehydration ALWAYS READ THE LABEL. IF SYMPTOMS PERSIST TALK TO YOUR HEALTH PROFESSIONAL Try Beanolyte during January and receive a free sample size BeanScreen SPF 50 very high protection sunscreen Sunscreen is only one part of sun protection Wear protective clothing. Seek shade. Avoid prolonged exposure. Reapply Beanscreen every 2 hours, after swimming and perspiring 5
Section 20: Samples scenario Beans sets up a display tent at the Canberra Show. Employees of Beans hand out free “show bags” to passers by. The bags contain: • A T-shirt displaying the Beans logo and the slogan “Beanscreen in the sun” • A sun visor displaying the Beans logo • A small tube of Beanscreen SPF 50 sunscreen • A container of Beanolyte effervescent electrolyte tablets • A tube of “glossyBean” lip gloss The giving away of this show bag would breach s.20 of the Code. While the Beanscreen is permitted as a sample, the Beanolyte is not. 6
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