Advertising control under the Act is defined in relation to medicines; no device advertising rule exists
- Statement
The Act's advertising controls are defined in relation to medicines: 'advertisement', in relation to any medicine, means written, pictorial, visual or other descriptive matter, or a verbal statement or reference, appearing in any publication, on television or film, distributed to members of the public, or otherwise brought to the notice of members of the public, intended to promote the sale of that medicine, and section 40 governs the advertisement of medicines. MCAZ's Strategic Plan accordingly lists 'Control of promotion and advertising of medicines' among the Authority's overall functions. The section 38(1)(b) regulation power could in principle be used to restrict the advertising of a controlled device, but no such restriction has been made in either the Condom or the Glove Regulations, and no device advertising guideline, approval or fee exists.
- In the absence of a device advertising rule, practical control over device promotion is indirect - through the prohibition on selling an unapproved type or brand, and through the Act's offence provisions for contravening section 38 regulations.
- MCAZ's advertising fee heads (advertising to the general public, promotional fees to health-care professionals, exhibition fees) are set in its medicines fee schedule and contain no device item.
Verbatim (Act s.2): '"advertisement", in relation to any medicine, means any written, pictorial, visual or other descriptive matter or verbal statement or reference- (a) appearing in any newspaper or other publication; or (b) appearing on any television or cinematograph film; or (c) distributed to members of the public; or (d) brought to the notice of members of the public in any manner whatsoever; which is intended to promote the sale of that medicine.' MCAZ Strategic Plan 2026-2030 Overall Functions: 'h. Control of promotion and advertising of medicines.'

