Cosmetic Advertising Regulations
Changes or clarifications to the advertising regulations in 2024 affecting cosmetic products and procedures are highlighted throughout this document in blocks marked with . Any existing and new promotions related to cosmetic procedures you or your clinic provide must adhere to these changes.
Advertising
What is Advertising?
The Advertising Standards Authority (ASA)'s definition of “advertising and advertisement” means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of those to whom it is addressed.
The Advertising Standards Authority (ASA) also provide a Therapeutic and Health Advertising Code which more specifically applies to advertising regulations for products and services available from a healthcare professional. The Therapeutic and Health Advertising Code applies to your clinic, any healthcare professional that works there, the goods you sell and any health services you provide.
Types of Advertising
The list below is by no means exhaustive but shows the types of advertising typically used by aesthetic practitioners to advertise and promote themselves or their clinics and must now abide by all existing and new regulations.
- TVC's / Cinema advertising
- Trade display / stand materials
- Magazine advertising and advertorials including CWH catalogues
- Radio advertising
- Product labels (for claims)
- Press Releases
- Sales team materials whether for selling to or education of retailers
- Point of sale material
- Print materials e.g. patient, consumer leaflets, brochures
- Digital advertising e.g. Ad-Words, web banners, Medium Rectangle Ads (MREC), Online Video (OLV), etc
- Social media posts - Facebook, Instagram, Linked-in, Tik-Tok, X (Twitter) Hashtags
- Websites - own and trade websites including advertorials and any copy content on your products
- Letters and emails to customers concerning treatments other than commercial information
- Influencer posts
- Anywhere you advertise or anyone who advertises you, needs to abide by the advertising regulations.
- If you work at a beauty therapy clinic you need to ensure any advertising representing you or your work adheres to the advertising regulations.
- No testimonials about you, any website or social media advertising you, no giveaways of your medicines or medical devices.
- Be aware of hashtags even if you haven't mentioned a brand name or relaxing injections in the body text, hashtags count and need consumer mandatory information attached.
- If an influencer tags you in a post, you cannot post it to your page, and they also need to abide by the advertising regulations.
- You cannot show your face, or your clients face in any posts on social media or your website, including in videos.
Regulation and Governance
Who makes the Regulations?
The New Zealand Government creates all regulations that apply to advertising therapeutic products and services in New Zealand.
Who provides advice and guidance on the Regulations?
Advice and guidance on the regulations is available from Medsafe, the Advertising Standards Authority (ASA), the Therapeutic Advertising Pre-vetting Service (TAPS), and the Medical Council of New Zealand.
Who enforces the Regulations?
Enforcement of the regulations is carried out by Medsafe, the Advertising Standards Authority (ASA), the Medical Council of New Zealand, and the Commerce Commission New Zealand.
What are the penalties?
Section 20 of the Medicines Act 1981 (Restrictions on sale or supply of new medicines), sub-section(2) states:
-
No person shall —
- sell; or
- distribute by way of gift or loan or sample or in any other way; or
- advertise the availability of —
Penalties for breaching the regulations are listed in Section 20 of the Medicines Act 1981 (Restrictions on sale or supply of new medicines) sub-section(4), which states:
-
A person who contravenes subsection (2) commits an offence, and is liable on conviction —
- in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $20,000:
- in the case of a body corporate, to a fine not exceeding $100,000.
Who do I report a breach to?
You can report any breaches in the regulations to: Clinical Aesthetic Network New Zealand (CANNZ), the Advertising Standards Authority (ASA), New Zealand Society of Cosmetic Medicine (NZSCM), New Zealand Aesthetic Nurses Association, Medsafe, the Nursing Council of New Zealand, the New Zealand Dental Association, the Medical Council of New Zealand, the Paramedic Council of New Zealand, or the Pharmacy Council of New Zealand.
What happens if someone reports me?
The Advertising Standards Authority (ASA) will discuss the complaint with you or Medsafe and will send you a letter that you need to respond to in a timely manner. Please remember to engage politely and openly with them. All complaints to the Advertising Standards Authority (ASA) are published on their website regardless of the outcome (the name of complainant is not generally published). Complaints to Medsafe are not published unless prosecution occurs, this will then be in the public arena via the court system.
Prescription Medicines
All advertising and promotional material using any brand names for any medicinal purposes need to comply with the advertising regulations. This includes anti-wrinkle medicine, e.g. Botox, etc, and fat dissolving medications.
If you use the brand name of any prescription medicines in any form of advertising or promotional materials targeting consumers, you must include the appropriate consumer mandatory information for that brand. If a brand name is visible in an advertisement it must be accompanied by the appropriate consumer mandatory information. Consumer mandatory information needs to be of suitable size, easily found and within close proximity to the advertisement.
For your convenience we have provided both short and long mandatory information for you to copy and include in your advertising material in the Mandatory Information section below. Click the logos above to be taken directly to a brands mandatory information. We also provide generic botulinum toxin mandatory information which can be used when advertising generic botulinum toxin products or branded products that do not publish their own mandatory information.
Branded vs Unbranded (Botulinum Toxin)
- The use of botulinum toxin or terms such as anti-wrinkle injection or wrinkle relaxed injection in place of a specific brand name (Botox, Xeomin, Dysport/Azzalure) does not change the therapeutic claims or approved uses that can be made for the product in an advertisement or promotional item.
- While the need to run specific brand mandatory information is not required, the generic botulinum toxin long or short mandatory information are still required on any advertisement or promotional material.
Approved and Unapproved Uses (Botulinum Toxin)
You may only advertise prescription medications for approved uses. In the case of Botulinum Toxin, only upper facial rhytids, forehead lines, crows fee and Glabellar lines are approved.
Botulinum Toxin Approved Uses
- Upper facial rhytids
- Forehead lines
- Crow's feet
- Glabellar lines
Botulinum Toxin Non-approved Uses
- Injection into lips for fullness
- Lip flip/pursing, or gummy smile
- Injection into neck and chin (Neck Lift)
- Bruxism or teeth grinding
- DAO & Mentalis
Botulinum Toxin may also be advertised to treat chronic migraine and hyperhidrosis provided they are accompanied by the required mandatory information.
Unapproved Medicines
Unapproved medicines CANNOT be advertised anywhere including social media platforms.
You can discuss all options available during patient consultations, including treatments with approved and unapproved medications and any approved and unapproved uses.
Non-prescription Medicines
Care is needed not to compare the effects of cosmetic product/device/procedure with prescription medicines (botulinum toxin injections), or medical devices (dermal fillers) and methods of treatment like liposuction.
Prescription medicines, medical devices and methods of treatment all have therapeutic purposes. By comparing a cosmetic product to such products, you are implying a therapeutic purpose and only registered medicines or medical devices and methods of treatment can have a therapeutic purpose. Therefore, any non-prescription cosmetic product advertising with such comparisons would breach Section 20 of the Medicines Act 1981 (Restrictions on sale or supply of new medicines).
Platelet Rich Plasma (PRP)
Platelets and plasma are both general sales medicines. Platelet Rich Plasma (PRP) is a non-approved medicine, i.e. not registered by Medsafe, and therefore has no approved therapeutic purpose. Platelet-Rich Plasma (PRP) therapy is a treatment which involves taking a sample of one's blood, spinning it down, and injecting the plasma back into the soft tissue of the chosen site. It is seen by Medsafe as autologous (obtained from the same individual). Because it's autologous it can be administered by a healthcare professional to a patient from whom it was extracted under Section 29 of the Medicines Act 1981 (Exemption for medicine required by medical practitioner). Claims as to the benefits and therapeutic purpose of the procedure CANNOT be made as these would contravene Section 20 of the Medicines Act 1981 (Restrictions on sale or supply of new medicines). It is doubtful as to whether the procedure itself can be advertised.
Medical Devices
What is a Medical Device
Medsafe defines a medical device as:- Any device, instrument, apparatus, appliance, or other article that —
- is intended to be used in, on, or for human beings for a therapeutic purpose; and
- does not achieve its principal intended action in or on the human body by pharmacological, immunological, or metabolic means (but may be assisted in its function by such means)
Advertising Medical Devices
All advertising and promotional material using a medical device brand name must comply with the advertising regulations, i.e. fillers & skin boosters, and biostimulators.
If you use the brand name of any aesthetic or cosmetic medical devices in any form of advertising or promotional material targeting consumers, you must include the appropriate consumer mandatory information for that brand. For your convenience we have provided both short and long mandatory information for you to copy and include in your advertising material in the Mandatory Information section below. Click any of the logos above to be taken directly to their consumer mandatory information.
Polydioxanone Sutures (PDO) Threads
Medsafe concerning PDO Threads — “These may be medical devices but it depends on exactly what the advertiser claims for them. Sometimes actions are claimed that could only be performed by a medicine. Note that presence on the Web Assisted Notification of Devices (WAND) does not confirm that a product is definitely a medical device.”
In order to have any promotional materials approved by Therapeutic Advertising Pre-vetting Service (TAPS), a WAND for the product must be supplied with the item.
Advertising Rules
Wording of Claims
Botulinum Toxin Products (Prescription Medicine)
Claims around the anti-wrinkle properties of botulinum toxin can be made for both branded and unbranded consumer or HCP advertisements. This must be consistent with the datasheets for all the botulinum toxin brands.
Claims to be anti-ageing are NOT in line with the approved uses of botulinum toxin products (or unbranded terms such as anti-wrinkle injections). You can talk about reducing the visible signs of ageing such as wrinkles, or reducing the visibility of wrinkles, or similar wording. The effects of ageing on the face can be discussed in an advertisement/promotional item, however, care should be taken not to imply the products are in any way anti-ageing.
Dermal Filler Products (Medical Devices)
Claims for dermal fillers are set out in the product's Web Assisted Notification of Devices (WAND) on the Medsafe website.
The WAND database content is only accessible by the product sponsor (e.g. Allergan Aesthetics, Galderma, etc). Therefore aesthetic/cosmetic clinics need to obtain a copy of the WAND before generating any advertising/promotional materials.
In order to have any promotional materials approved by Therapeutic Advertising Pre-vetting Service (TAPS) for an aesthetic/cosmetic medicine registered as a medical device, the WAND for the product must be supplied. Ask the supplier of the medical device for the WAND details.
Alternative Words or Phrases
Alternative words or phrases for botulinum toxin such as anti-wrinkle injections, wrinkle relaxer injections, dermal filler injections, double chin injections, does NOT circumvent the advertising regulations. You now need to show mandatory information when using these terms even though they are not brand names.
Media such as photos and video showing injections into the lips to increase volume (lip flip) on websites, social media platform, etc, also contravene Section 20 of the Medicines Act 1981 (Restrictions on sale or supply of new medicines) and risk action from Medsafe.
Comparative Advertising
The Advertising Standards Authority (ASA) Therapeutic and Health Advertising Code states:
- Comparative advertising shall be balanced and shall not be misleading, or likely to be misleading, either about the product, device or service advertised or classes of products, devices or services, with which the comparison is made.
- Comparative advertisements shall not be disparaging and shall be factual, fair and able to be substantiated, referenced to the source and reflective of the body of available evidence.
- Comparative advertisements shall not discourage consumers from following the advice of their healthcare practitioner.
Comparative advertising is a very difficult area that is full of risks especially for clinics as you need to consider a whole raft of laws, regulations, and codes. Whilst comparing the performance of products is allowed the level of proof required needs to be very high and held on file by your clinic. Advertising material from a manufacturer or supplier is not considered sufficient proof to support any claims. The recommendation is to consult with professionals such as Therapeutic Advertising Pre-vetting Service (TAPS) when engaging in an advertising campaign that includes comparative claims.
Before & After Images or Videos
You must exercise caution when including any images or video in your advertising, particularly “before and after” images or video. These can have a significant potential to mislead or deceive, to give the impression or create an expectation of a successful outcome, and to encourage unnecessary use of a service. If you use “before and after” images or videos you must ensure that they:
- are there solely for the purpose of providing accurate and useful information to patients
- portray a realistic outcome that patients could expect
- only feature patients who have undergone the advertised procedure while under your or your clinics care
- have not been altered in any way
- use the same lighting, contrast, background, framing, camera angle, exposure and other photographic techniques in both the “before” and “after” views
- are consistent in appearance including posture, clothing and make-up
- are only used when the patient featured has given their full informed consent
- Include the qualifier — Individual results may vary.
In addition, any full face photos or videos are considered to be a testimonial if the patient is identifiable so it is now insufficient to only cover or blur the eyes, you may only show a cropped part of the face. Even if the media is directed towards other healthcare professionals you must still conceil the identity of the subject.
Before and after images and videos depicting non-approved uses CANNOT be used in advertising or promotional material. Additional information can be found in Section 58 of the Medicines Act 1981 (Further restrictions on advertisements) or the Medical Council Current Standards.
Client Identification = Testimonial
When advertising services offered by you or your clinic on a website or social media platform, you need to be careful to conceil the identity of any patient. Clearly identifiable patients undergoing a procedure such as anti-wrinkle injection treatment or dermal fillers in videos or images is considered a testimonial which contravenes the Medicines Act 1981. The patient should not be identifiable in the image or throughout the entire video promotion.
Testimonials and Reviews
What is a Testimonial
A testimonial can include any of the following from patients, colleagues, other health professionals, friends, or family:
- A statement of the benefits from the care provided.
- A recommendation or positive statement made by a person about a medical practitioner's care, skill, expertise, or treatment.
- A character reference.
- An expression of appreciation.
You CANNOT solicit a testimonial from your clients and any testimonial provided CANNOT include any of the following:
- Any treatment where a prescription medicine or medical device was used.
- A clients social media post re-shared on any of you or your clinics social media platforms.
- You or your clinic being "tagged" in any of your clients posts depicting their treatment.
Testimonials are NOT allowed for prescription medicines (i.e. botulinum toxin products), or medical devices (i.e. dermal fillers). Section 58 of the Medicines Act 1981 (Further restrictions on advertisements) states:
- Subject to section 60 of this Act, no person shall publish, or cause or permit to be published, any medical advertisement that —
- directly or by implication claims, indicates, or suggests that a medicine of the description, or a medical device of the kind, or the method of treatment, advertised —
- has beneficially affected the health of a particular person or class of persons, whether named or unnamed, and whether real or fictitious, referred to in the advertisement
Patient Experiences
Patient experience can be used in advertising or promotional materials e.g. Online Video (OLV), provided:
- The patient experience describes their present situation and having to put up with or live with such things as frown lines and a sagging complexion, i.e. this is the present tense.
- They can describe the problems or irritations of living with frown lines and a sagging complexion and the social reasons that they would like to have this fixed.
- Patients can talk about their aspirations for the future, this is essentially what they would like to happen. It is strongly recommended to make use of the future tense as safeguard.
Do NOT use videos or images of a patient being injected with any aesthetic/cosmetic medicine by a healthcare professional to illustrate the patient's experience as this could be interpreted as a healthcare professional endorsement and patient testimonial for a prescription medicine or medical device. If you are thinking of doing patient experience advertising, please make sure you approach a Therapeutic Advertising Pre-vetting Service (TAPS) adjudicator for advice during concept development.
Professional Endorsements
Professional endorsements are NOT allowed for prescription medicines (i.e. botulinum toxin products), or medical devices (i.e. dermal fillers). Section 58 of the Medicines Act 1981 (Further restrictions on advertisements) states:
- Subject to section 60 of this Act, no person shall publish, or cause or permit to be published, any medical advertisement that —
- directly or by implication claims, indicates, or suggests that a medicine of the description, or a medical device of the kind, or the method of treatment, advertised —
- is or has been used or recommended by a practitioner, nurse, or pharmacist, or by any other person qualified to provide therapeutic treatment in the course of a profession or occupation and registered under any enactment as a person so qualified, or by a person who is engaged in study or research in relation to any of those professions or occupations or the work performed by persons employed therein
When advertising services offered by your clinic on your website or social media pages you need to be careful. Clearly identifiable staff members conducting a procedure in terms of anti-wrinkle injections or dermal fillers in videos or still images implies endorsement by a healthcare professional. This is not allowed under Section 58 of the Medicines Act 1981 (Further restrictions on advertisements) or the Medical Councils Statement on Advertising.
If you are thinking, of doing patient experience advertising, please make sure you approach a Therapeutic Advertising Pre-vetting Service (TAPS) adjudicator for advice during concept development.
When creating advertising or promotional materials for your clinic, e.g. Online Video (OLV), it is recommended that you should use a professional presenter to describe the experiences, professional service, or treatment at the clinic. To avoid any implication of healthcare professional endorsement the presenter should not:
- in any way be qualified as a health professional to provide therapeutic treatment — this includes injectors;
- be a staff member who is a clinic manager, regardless if they are qualified as a healthcare professional and able to provide therapeutic treatments.
Reviews on Social Media
Clients must not be asked to submit reviews on any platforms for any cosmetic/aesthetic procedures. Where possible reviews should be switch off on any platforms you or your clinic have a presence.
You and your clinic are regarded by the law as the owners of all the content on your website and social media pages. Under the self-regulatory model of advertising run in New Zealand, you are responsible for removing all comments on your website or posted on social media pages that are in breach of either the Medicines Act 1981 or the Therapeutic and Health Advertising Code or the Fair Trading Act 1986.
Influencer and Client Posts on Social Media
When is a social media post considered an advertisement? When offering free products or services, or the intention is to promote your clinic or the services it provides. When posting content on your own website or any of your social media platforms you control what is posted and you can adhere to the rules and guidelines, however, there are also rules for any client's or influencer's who post to their own social media platforms:
- You cannot share a client's post.
- Your client cannot tag you or your clinic on their posts.
- You cannot allow a client to post a photo of you treating them.
- Influencers must not share with the public any of their treatments with a prescription medicine or medical device or their assessment of the performance of any treatment.
- A post must be marked as an advertisement if any payment, free service or product was given.
- Advertisements by influencers need to follow the same guidance as for customer feedback. In addition, the nature of the agreement between the influencer and advertiser needs to be declared on the advertisement. The Advertising Standards Authority (ASA) recommends the labels “Ad”, “Advert” or “Advertisement” with or without hashtags, as the clearest way of labelling advertising content.
- Hashtags - All links on any advertisement or social media post must adhere to the rules this includes any hashtags.
Gifts, Giveaways and Discounts
Gifts, giveaways, prize draw or discounts for prescriptions medicines, e.g. botulinum toxin products, or medical devices, e.g. dermal fillers, CANNOT be offered. It is recommended that you make very clear that any gift, giveaway, prize draw or discount offered by a clinic does not include any prescription medicine or medical device as part of the promotion.
The Medical Council Statement on Advertising states in “Offering discount coupons, gift certificates, online deals and vouchers”:
- If you offer inducements such as discount coupons, online deals and vouchers or gift certificates, you must ensure that they do not undermine your relationship with the patient and the informed consent process. In particular, you must make it clear that:
- buying the deal, coupon or certificate does not equate to informed consent from the patient
- you will assess the patient and discuss treatment options before going ahead with any treatment
- the patient has the right to opt out of the treatment at any time
- you will not provide the treatment if your assessment indicates that the patient is not a suitable candidate.
- You should not offer medical assessments or treatments as a prize or gift where your objective is to make money and/or to increase your or your practice's profile.
Examples
Advertising Rule Violations
- Consultations can be free then you can discount any treatment provided there has been an initial consultation.
- The term “appearance medicine” does not require you to provide consumer mandatory information, however, having prescription medicines and terms such as antiwrinkle in the hashtags does require that consumer mandatory information be shown.
- There can be no time constraint on any special offers.
- No advertising of any unapproved uses of Botulinum Toxin products, e.g. Lip Flip, Masseter Botox, Chin or DAO Botox, Platysmal band Botox.
- Only approved uses of Botulinum Toxin can appear in any advertisments or promotions, i.e. upper facial rhytids, forehead lines, crow's feet, and glabellar lines. You may also advertise Botulinum Toxin treatments for chronic migraine and hyperhidrosis.
- Advertising Botulinum Toxin for unapproved uses.
- Using brand names without providing the consumer mandatory information.
- Don't forget, even showing a prescription medicine or medical device brand name in a hastag requires you show consumer mandatory information.
- Needs mandatory consumer information when advertising a brand name prescription medicine.
- Cannot use a photo supplied by the supplier.
- Dermal fillers as a word now needs mandatory consumer information included.
For unbranded dermal fillers you can use the Generic Dermal Filler consumer mandatory information.
Comparative Advertising
- Comparative advertising is not prohibited but needs to be very carefully considered and crafted.
- Any Terms & Conditions must be made clear and within proximity of the advertisement.
- There needs to be a clear definition of what price will be beaten by a further 10%.
- Discounts are NOT allowed on precription medications or medical devices.
- Same advertisement with additional information included below to clarify pricing and discount.
- It's best to seek the advice of professional services such as Therapeutic Advertising Pre-vetting Service (TAPS) to confirm your advertisement adheres to all advertising laws and guidelines.
- You are NOT allowed to advertise discounts on any precription medicines.
- Packages you offer with no mention of a discount or a limited time are allowed to be advertised.
- The advertising of discounts on prescription medicines and medical devices is not permitted.
- Discounts as a percentage reduction of the overall cost of treatment is allowed, however, any advertisement needs to clearly state this fact.
Before and After Photos
- Patient consent acquired.
- Depicting actual work performed.
- Realistic outcome with no photoshopping or filters.
- Same lighting, framing and camera angle.
- Client is unidentifiable.
- Disclaimer present — Individual results may vary.
- Patient consent acquired.
- Depicting actual work performed.
- Realistic outcome with no photoshopping or filters.
- Same lighting, framing and camera angle.
- Client is unidentifiable.
- Disclaimer present — Individual results may vary.
It is recommended to add a discrete watermark to all your images posted publically to discourage the stealing and misuse by others.
- Videos and images which allow the patient to be clearly identified cannot be used.
If the person can be identified this is considered a testimonial which contravenes Section 58 of the Medicines Act 1981. - Just covering the eyes or eyeballs is not considered sufficient to prevent a person from being identified.
- Patient cannot be identified.
- Images highlight only the specific area treated.
Memes
- If a meme mentions any prescription medication or medical device it must include the consumer mandatory information in close proximity.
Testimonials
- Showing a photo of a staff member and a patient both of which are clearly identifiable is considered a testimonial.
- Image of a prescription medicine or medical device with a healthcare professional is considered a professional endorsement and is prohibited.
- Injecting botox into any area not considered as an approved use cannot be depicted in any advertising.
- Staff member is not identifiable.
- Patient is not identifiable.
- Prescription medicine is not being shown and promoted.
- Injecting dermal filler into fine lines is allowed.
- A testimonial from a client about any treatment with a prescription medicine or medical device is not allowed.
- If a client is identifiable in any way, by face, or name, or even social media handle it is considered a testimonial.
- Testimonials limited to staff friendliness and how the customer feels about their time at your clinic are permitted.
- Testimonials posted on social media platforms that include comments on treatments using prescription medicines or medical devices are not allowed.
(This includes any laser type machines or injectables.)
Services
- It is permitted to advertise the quality of the service your clinic provides, e.g. friendly staff, types of services offered, or machinery and equipment offered to perform treatments.
- It is not acceptable to imply that your clinic or the services it provides are better than your competitors.
What are you allowed to advertise?
- Any non-prescription Skincare products.
- Any beauty treatments such as facials, hair or nail treatments.
- Any feedback, posts or videos by patients must be restricted to comments on the friendliness of staff or the way they made the patient feel about their time at your clinic.
Additional questions
If the eyes are closed does this count as not full-face in any advertising images? No.
Does a laser or other device count as a medical device? Yes.
Do these rules apply to facials? No.
If I have a meme that says BOTOX does this count as an image that needs consumer mandatory information attached? Yes.
Can we be shown actually performing injections? Yes, if both the healthcare professional and the client cannot be identified, otherwise No.
Can we show a needle? Yes.
Mandatory Information
If you use the brand name of any aesthetic or cosmetic medicines that are prescriptions medicines or medical devices in any form of advertising or promotional materials targeting consumers, you must include the appropriate consumer mandatory information for that brand.
- Full Consumer Mandatory Information if the advertisement/promotion contains therapeutic or promotional claims for the product.
- Short Consumer Mandatory Information if the advertisement/promotion does not include any therapeutic or promotional claim and designed only as a brand reminder or when using digital media.
This includes any hashtag, e.g. #botox.
Size and Position of Mandatory Information
- In New Zealand the mandatory information CANNOT be substituted by a hyperlink or QR Code irrespective of the media channel.
- The minimum size of the mandatory information is no longer stated in any legislation or codes, however, this information must be legible. In a digital environment requiring a user to zoom in until it can be read is unlikely to be regarded as acceptable. If the consumer mandatory information cannot be read at 100% zoom on a regular screen size or the screen size that most people will use, e.g. smart phone for Facebook/Instagram, it is unlikely to be considered legible.
- If the content can only be read a few words at a time before having to scroll left or down, then it is unlikely to be considered legible, such as on a smart phone when viewing Facebook/Instagram. There has been a case where it was ruled that although the mandatory information was present on the advertisement, its small size meant that it could not be easily read by a customer. Therefore the mandatory information was considered illegible and treated as if they were not present on the advertisement.
- Mandatory information can be included in the text content of a Facebook or Instagram post.
- Mandatory information can be included as part of an image in a multi-image post such that it can be spread over multiple images that appear in the post to ensure legibility. A single static image post is unlikely to have sufficient space for the mandatory information and brand name or company address, and still ensure legibility.
Medical Device Mandatory Statements
Any machines you use are also medical devices, and you will need to go to your suppliers to get Mandatory Statements.
Association of New Zealand Advertisers (ANZA) For assistance and pre-vetting
What happens if Mandatory Statements are not included?
- The regulator for prescription medicines and medical devices is Medsafe, and they could take action if mandatory information is not included which would contravene the Medicines Act 1981.
- A competitor or member of the public could take a complaint to the Advertising Standards Authority (ASA) if mandatory information is not present and is a requirement as outlined in the ASA Therapeutic and Health Advertising Code
- A competitor could take a complaint to the New Zealand Society of Cosmetic Medicine (NZSCM) or Clinical Aesthetic Network New Zealand (CANNZ) in relation to their Code of Practice if mandatory information is not included.
The direct-to-consumer (DTC) advertising of all Medicines and Medical Devices are regulated by:
- Medicines Act 1981
- The Medsafe Guidelines
- The ASA Therapeutic and Health Advertising Code