Medical devices

Helpful information on the advertising rules for medical devices and examples of previous Advertising Standards Authority rulings in this area.

Medicinal claims and medical indications in ads may only be made for medical devices which are CE-marked to show they have been approved under the relevant EU legislation. Under the advertising rules, a medicinal claim is defined as a claim which suggests a product can be used to make a medical diagnosis, or can be used to treat or prevent disease, injury, ailments or adverse conditions of the mind or body, in humans.

It is important to note, a CE mark does not automatically mean advertisers can make claims about the efficacy of a product without holding additional evidence which supports the claim and can be provided on request.

Other rules that are important when advertising a medical device include ensuring the ad does not encourage consumers to use a product to excess, or discourage them from essential treatment for conditions for which medical supervision should be sought. Advertisers also must be careful not to confuse consumers by using unfamiliar scientific words for common conditions.

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Latest rulings

Easylife Group Ltd
- Upheld
- Newspaper
- 12 August 2020
A newspaper ad for a face mask was banned for implying it could protect wearers from COVID-19 without holding sufficient evidence to prove it met PPE standards.
HiSmile Pty Ltd
- Upheld
- Social media (paid ad)
- 22 July 2020
A Snapchat story ad for a teeth whitening product made misleading claims about its effectiveness.
Easy Shopping 4 Home Ltd
- Upheld
- Internet (OM 3rd party)
- 04 March 2020
A product listing on Amazon for face masks claiming to protect consumers from coronavirus was misleading and irresponsible and likely to cause fear without justifiable reason.
Novads OU
- Upheld
- Internet (on own site), Internet (display)
- 04 March 2020
Paid-for display ads and website claims for face masks claiming to protect consumers from coronavirus were misleading and irresponsible and likely to cause fear without justifiable reason.

View all rulings

Medical devices

Helpful information on the advertising rules for medical devices and examples of previous Advertising Standards Authority rulings in this area.

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