Examples of applying the definition of ‘serious’ Condition s. 28(1)(a) - medically accepted s. 28(1)(a) exclusion for forms s. 28(1)(b) - there is a Restricted – that the form requires that have been medically diagnosed diagnostic (including representation status diagnosis or treatment or and medically accepted as being screening), preventative, supervision by a suitably suitable for self-treatment and monitoring, susceptibility or qualified health professional management pre-disposition test available for the form (including a self- test), which requires medical interpretation or follow-up Arthritis Arthritis is an umbrella term that Management is variable but likely to Arthritis meets the can a wide variety of forms involve prescription medicines. The definition of ‘serious’. and severities, like debilitating appropriate treatment must be As such, representations osteoarthritis, rheumatoid determined by a health professional. in advertising that arthritis, ankylosing spondylitis include unqualified and psoriatic arthritis. These are references to arthritis forms that require medical are restricted diagnosis. representations. Mild The more serious forms of Not applicable arthritis’ does not ‘Mild arthritis arthritis detailed above are meet the definition of excluded by the qualifier ‘mild’. ‘serious’. As such, representations in advertising that include references to arthritis’ are not ‘mild restricted representations, as long as the mild nature is not contradicted by images, testimonials or any
Examples of applying the definition of ‘serious’ Condition s. 28(1)(a) - medically accepted that the form requires diagnosis or treatment or supervision by a suitably qualified health professional s. 28(1)(a) – exclusion for forms that have been medically diagnosed and medically accepted as being suitable for self-treatment and management s. 28(1)(b) - there is a diagnostic (including screening), preventative, monitoring, susceptibility or pre-disposition test available for the form (including a test), which requires medical interpretation or follow-up Restricted representation status Arthritis Arthritis is an umbrella term that can a wide variety of forms and severities, like debilitating osteoarthritis, rheumatoid arthritis, ankylosing spondylitis and psoriatic arthritis. These are forms that require medical diagnosis. Management is variable but likely to involve prescription medicines. The appropriate treatment must be determined by a health professional. Arthritis meets the definition of ‘serious’. As such, representations in advertising that include unqualified references to arthritis are restricted representations. Mild arthritis The more serious forms of arthritis detailed above are excluded by the qualifier ‘mild’. Not applicable ‘Mild arthritis’ does not meet the definition of ‘serious’. As such, representations in advertising that include references to ‘mild arthritis’ are not restricted representations, as long as the mild nature is not contradicted by images, testimonials or any self-
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