Advertising Nicotine Vapourised Products

Generally, it is unlawful to advertise prescription medicines to the public. However, the TGA has granted a legal permission which allows pharmacies to advertise (i.e. promote), with conditions, including specified media only, where an individual may obtain nicotine vaping products with a prescription.

This means that patients who have been prescribed nicotine vaping products for smoking cessation will know where they can fill their prescription. The pharmacy must ensure that such advertising is within the terms of the TGA permission.

Generally, the advertising of nicotine vaping products is prohibited under state and territory laws. However, where the advertising of nicotine vaping products complies with the legal permission issued by the TGA under the Therapeutic Goods Act 1989, the state and territory prohibitions, to the extent of the TGA permission, will not apply.

Specifically, it is acceptable to use one of the following statements to assist the public in obtaining nicotine vaping products:

[Name of community pharmacy or name of community pharmacy brand or 'select pharmacies'] can dispense nicotine prescriptions
Prescription nicotine is available ['here' or 'at (name of community pharmacy) or (community pharmacy brand) or select pharmacies']
Nicotine prescribed for smoking cessation can be dispensed at [name of community pharmacy or name of community pharmacy brand or 'select pharmacies']

Additionally, the statement may:

Include the location of the community pharmacy with its name.
If reference is made to 'select pharmacies', the name of the relevant community pharmacy brand.
Replace the word 'nicotine' with one or more of 'liquid nicotine', 'nicotine pods', or 'nicotine e-cigarettes'. No trade names or other product wording are allowed.

The statement can only be displayed or communicated in one of the following ways, directly controlled by the relevant community pharmacy or pharmacy marketing group:

A single text-only tile on a website published using no more than three colours or shades in total.
A text-only post on social media. The post must be limited to a total of three colours or shades and the promotion must not be paid or made by social media influencers or brand ambassadors.
A text-only poster displayed inside, or immediately outside, the premises of a community pharmacy, that does not exceed A2 in size and is printed using no more than three colours or shades in total.
A single text-only tile in other print media, including a catalogue, which does not exceed 50 mm x 50 mm in size and is published using no more than three colours or shades in total.