5. Marketing or Misleading?
The position with medicines and supplements can be even more onerous and blurred in some instances. Therefore, it’s important that you establish whether what you are selling is classed as a supplement or a drug so that you know what your obligations are going forward.
Marketing claims for drugs and supplements are a whole different minefield, particularly when it comes to the Australian Consumer Laws. While companies need to make their product sound attractive and distinguishable from a competitive FMCG market, any marketing messages should be worded carefully, otherwise, you could be left open to a possible lawsuit if you or your PR team make exaggerated claims about your product which might, in fact, be potentially misleading and deceptive.