20. False or misleading advertisement

Terms defined in s 2

• advertisement

  advertisement

  Defined · s 2

  “advertisement”, in relation to a health product, means the publication, dissemination or conveyance of any information for the purpose of promoting, whether directly or indirectly, the sale or use of that health product by any means or in any form, including the following:(a)publication in a newspaper, magazine, journal or other periodical;(b)display of posters or notices;(c)circulars, handbills, brochures, pamphlets, books or other documents;(d)letters addressed to individuals or bodies corporate or unincorporate;(e)photographs or cinematograph films;(f)sound broadcasting, television, the Internet or other media;(g)public demonstration of the use of the health product;(h)offer of trials of the health product to members of the public;

  Open s 2
• efficacy

  efficacy

  Defined · s 2

  “efficacy”, in relation to a health product that is a device, includes the ability of the device to properly carry out its intended purpose;

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• health product

  health product

  Defined · s 2

  “health product” means any substance, preparation or device —(a)that —(i)is represented for use by humans;(ii)whether because of its presentation or otherwise, is likely to be taken for use by humans; or(iii)is included in a class of substances, preparations or devices which are or are ordinarily intended for use by humans,solely or principally for a health-related purpose; and(b)that falls within any of the categories of health products specified in the First Schedule;

  Open s 2