Medicines Act 1981

Medical advertisements

59: Advertisements to contain true name of advertiser

You could also call this:

"Ads for medicines must show who is advertising and their address."

Illustration for Medicines Act 1981

When you publish a medical advertisement, you must include the true name of the person or company that is advertising. You also need to include their address, which is where they live or work. If the advertiser is a company, you can use the address of their registered office instead. If you say in the advertisement who is publishing it, that will be enough evidence of who published it, unless someone proves otherwise. There are some exceptions to these rules, such as if the advertisement follows other regulations about disclosing the name and address of the manufacturer or seller of the medicine or device. If you do not follow these rules, you can be fined up to $1,000 if you are found guilty. You can find more information about the laws that were used to amend this rule in the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56047.

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58: Further restrictions on advertisements, or

"Rules for Advertising Medicines"


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60: Exemption for certain advertisements, or

"Some medical ads don't have to follow the rules if they're for doctors."

Part 4Medical advertisements

59Advertisements to contain true name of advertiser

  1. Subject to subsection (2), no person shall publish, or cause or permit to be published, any medical advertisement that does not contain a statement of the true name of the person for whom or on whose behalf the advertisement is published, and the address of that person's place of residence or business.

  2. In the case of a body corporate, it shall be sufficient compliance with subsection (1) if, instead of the address of the body corporate's place of business, the advertisement states the name of the place where the body corporate has its registered office, or, if it is not a registered company, other headquarters.

  3. Any statement that is contained in any medical advertisement and purports to set forth the name of the person for whom or on whose behalf the advertisement is published, shall, until the contrary is proved, be sufficient evidence of the name of the person for whom or on whose behalf the advertisement has been published.

  4. Nothing in this section applies to—

  5. any medical advertisement that complies with any regulations made under this Act relating to the disclosure or otherwise of the name and address of the place of residence or business of the manufacturer or seller of the medicines of the description or medical devices of the kind advertised, or the agent of either of them; or
    1. any medical advertisement relating to any description of medicines or any kind of medical devices in respect of which an exemption granted under or by virtue of this Act from the material provisions of any such regulations is for the time being in force.
      1. Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1).

      Compare
      • 1969 No 7 s 9
      Notes
      • Section 59(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).