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Therapeutic Advertising Pre-vetting System
Advertising approvals from the Ajudicator or Delegated Authorites
Definitions
Therapeutic Advertising
Any advertisements that makes a therapeutic claim, such as:
- it's good for your health
- it reduces symptoms
- it increases energy or alertness
- or promotes any medical product, service or provider
Therapeutic Products
Therapeutic goods and services or any goods or services which claim a therapeutic purpose as defined by section 4 of the Medicines Act 1981 and in particular are medicines, medical devices, medical treatments, herbal remedies, antiseptics, traditional remedies, and will include dietary supplements, vitamins and mineral supplements, sun-screens and any other product for which a therapeutic purpose is claimed.
Industry Organisations
ANZA - Association of New Zealand Advertisers Inc
ASA - Advertising Standards Authority
ASCB - Advertising Standards Complaints Board
CAANZ - Communications Agencies Association of New Zealand
DA - Delegated Authority
NMA - Non-Prescription Medicines Association
RMI - Research Medicines Industry
TAPS - Therapeutic Advertising Pre-Vetting System
TAPS CCC - Therapeutic Advertising Pre-vetting System Code Consultative Committee
Media
Includes all media (TV, radio, cinema, magazines, newspapers, outdoor and internet) and their industry organisations, i.e.:
MPA - Magazine Publishers Association
NPA - Newspaper Publishers Association
NZTBC - New Zealand Television Broadcasters' Council
OAA - Outdoor Advertising Association
RBA - Radio Broadcasters' Association
TVCAB - Television Commercials Approval Bureau
Relevant Codes and Regulations
Includes the Advertising Codes of Practice and the Code for Therapeutic Advertising in particular, Medicines Act 1981 (and amendments) and its accompanying regulations, all other relevant industry Code of Ethics, Acts of Parliament and/or Regulations, and agreements with the Ministry of Health as to required information and methods of presentation.
Appropriate Industry Code of Ethics
Includes the Researched Medicines Industry 'Code of Practice', the Non-Prescription Medicines Association 'Code of Practice' and any other industry Code endorsed by the ASA.
Background
Standards for Therapeutic Advertising
The Advertising Standards Authority (ASA) published the Code for Therapeutic Advertising on 1st February 1999. The Code requires that advertising of therapeutic products and services be conducted in a manner that is socially responsible and does not mislead or deceive the consumer.
By ensuring honest, ethical and responsible therapeutic advertising, the ASA seeks:
To ensure the consumer is fully informed and protected;
To improve the overall standard of therapeutic advertising;
To engender maximum support from Government and related organisations, Opposition spokespersons and the medical profession;
and thereby
To retain the legal right to promote therapeutic products directly to end-consumers.
Ensuring Compliance
To help advertisers, advertising agencies and the media comply with the Code, the Association of New Zealand Advertisers Inc (ANZA) established the Therapeutic Advertising Advisory Service (TAAS) in May 1999. It was set up with the support of the then Associate Minister of Health, Hon Tuariki Delamere, and organisations with an interest in the advertising of therapeutic products.
The Therapeutic Advertising Pre-Vetting System (TAPS) evolved from TAAS. TAPS was established as a mandatory requirement as at 1 November 2000. This was at the behest of all members of the Advertising Standards Authority i.e. organisations representing advertisers, advertising agencies and all of the media.
All therapeutic advertising is now vetted for compliance with the relevant codes and regulations prior to being approved for placement with the media. This work is carried out by either the appointed Adjudicator or the registered Delegated Authorities (depending on the possible contentiousness of the advertisements).
TAPS Objectives
To ensure a consistent standard of compliance with the relevant codes and regulations by all advertisers and across all media.
To provide advertisers with an efficient, fair and high quality means of pre-vetting advertisements at minimum cost.
The Working of TAPS
Administration
TAPS is administered by ANZA as the representative of the major therapeutic advertisers in New Zealand. In this role, ANZA is responsible for:
Approval Authorities
Appointment contract with the TAPS Adjudicator.
Appointment contract with the Alternate Adjudicator.
Maintaining a register of Delegated Authorities and their unique approval numbers.
Finances
Approving applications from organisations wishing to use the TAPS service.
Invoicing and collecting payments from organisations using the TAPS service.
Paying the Adjudicator (or Alternate) for jobs completed and invoiced. Non-recoverable expenses (training, travel, meetings) are also paid by ANZA.
Effectiveness
Briefing and consulting the Adjudicator on all industry matters.
Organizing training and reviews of Delegated Authorities.
Organizing and chairing two Therapeutic Advertising Pre-vetting System Code Consultative Committee (TAPS CCC) meetings per annum. This Committee is comprised of representatives of major industry organisations. It reviews advertisements placed in the media during the six months prior, as well as discussing any issues arising and further developments of the Code.
Note: ANZA does not ask for nor receive copies of any advice given to any user of the TAPS service, thereby maintaining the integrity of both TAPS and ANZA.
TAPS Approval Authorities
The Adjudicator
An appropriately qualified individual serves as Adjudicator for a defined term. The Adjudicator has responsibility for the pre-vetting of all therapeutic advertisements before they are placed with the media. This requires an independent and impartial assessment of compliance with the relevant codes and regulations.
The Adjudicator generally has experience in pharmaceutical marketing and has the ability to provide high quality advice and direction.
Alternate Adjudicator
An appropriately qualified person serves as an Alternate when the Adjudicator is unable to provide the pre-vetting service for any significant period of time. Regular users are notified of these occasions. If there is any concern over availability of the Adjudicator, users of the service should contact ANZA to confirm arrangements.
Delegated Authorities
A TAPS Delegated Authority (DA) is someone within either an advertiser or media organisation who is entitled to assess compliance of a limited range of advertisements with the relevant codes and regulations and give formal approval accordingly.
Note: To minimise conflicts of interest, employees of or consultants to advertising agencies are not accepted as DAs.
Approvals by the Adjudicator
New Concepts
The Adjudicator assesses all new concept advertisements, whether they are for print, outdoor, radio, cinema, internet or television. (In addition, the Adjudicator assesses any other advertisement which cannot be approved by a registered DA).
Pre-Production Approvals
For all TV, radio and cinema campaigns, advertisers are recommended to obtain the Adjudicator's advice at concept, script and production stages. This pre-empts any possible contraventions of the relevant codes and regulations and avoids the substantial costs of having a completed campaign rejected.
Point-of-Sale
Only major point-of-sale displays need to be sent to the Adjudicator. These are ones which are linked to a media campaigns. All other point-of-sale and promotional items can be pre-vetted by DAs.
Accessing the Adjudicator Service
First-time Users:
Companies wishing to place therapeutic advertisements in the media must open an account with ANZA prior to seeking TAPS approvals from the Adjudicator. This is done by completing and returning the Registration Form (see Appendix 'A').
Registered Users:
ANZA members or past users of TAAS/TAPS are automatically registered and may contact the Adjudicator direct.
When an advertisement is submitted for approval, it must be accompanied by an Application for Approval of Advertising Material' form (see Appendix 'B'), and be dispatched to the Adjudicator as follows:
By Courier:
1. Television and Cinema: VHS tape and accurate script of final commercial.
2. Radio: Cassette tape and accurate script of final commercial.
By Facsimile or Email:
3. Scripts and Concepts: Copy of scripts or layouts at any stage, reduced if necessary.
4. Print and Outdoor: Copy of proof of finished artwork, reduced if necessary.
5. Point-of-Sale: Copy or proof of finished artwork, reduced if necessary.
Timeframes for Approvals
Three working days are to be allowed for normal approvals. Lengthy infomercials may require additional time. It is essential to give 24 hours' notice by phone when urgent approvals are required.
TAPS Adjudicator office hours are 9am to 5pm Monday to Friday. For urgent approvals outside these hours, prior arrangements must be made with the Adjudicator.
Urgent advertisement approvals necessitated by an unforeseen event or external announcement must be submitted to the Adjudicator after first making contact by telephone. If the Adjudicator is not immediately available, advertisements may be directed to ANZA in the first instance.
Notification of Adjudicator Approvals
When an advertisement complies, the Adjudicator grants approval for it to be placed with the media. Approval is formally advised by fax or email and is evidenced by an Advertisement Approval stamp (see Appendix 'D') being applied to scripts/concepts and final artwork, before being returned to the agency. An Advertisement Approval Form (see Appendix 'D') is used for final TV, radio and cinema commercials. Both systems of approval detail the following:
TAPS reference number
Advertisement title
Client
Product
Adjudicator's signature/unique TAPS number
Note: All advertisements appearing in print media and approved by a TAPS Adjudicator (or Delegated Authority) should carry the prefix TAPS before every key number.
Funding of TAPS Approvals
TAPS is a user-pays service. ANZA invoices each Advertiser for using the Adjudicator at the following rates:
For Members (of ANZA and other
ASA member organisations) $60 + GST per quarter hour
For Non-Members $90 + GST per quarter hour
Media and Advertising Agencies, acting on behalf of their clients, must ensure that their clients understand they will be invoiced for the TAPS service.
Note: Delegated Authorities are funded by their individual employers (i.e. the organisations nominating them).
Prompt Payments:
Invoices are issued by ANZA during the first week of the month following completion of the pre-vetting job. Payment is due by 20th the month following the date of invoice.
ANZA instructs the Adjudicator to direct organisations to settle overdue accounts prior to commencing any new work.
Disclaimer
ANZA and the Adjudicator do not accept liability for any loss of any nature howsoever arising out of or consequent upon the pre-vetting of any advertisement under the TAPS system. It remains at all times the sole responsibility of the advertiser and its advertising agency to ensure that the advertisement complies in all respects with all relevant codes and regulations.
Delegated Authorites
Reasons for Delegated Authorities
With advertisements that are uncontentious, a registered DA can authorize approvals in-house. The primary advantages of this are speed of decision-making and reduced compliance costs. Having DAs within a number of organisations also serves to build knowledge and familiarity with the relevant codes and regulations, and compliance procedures.
Authority Limits
Organisations can choose to gain approvals from a DA for 'uncontentious' advertisements. These are defined as:
An already approved advertisement having a straightforward modification made to it (e.g. change of price; change of pack; adaptation of creative if the resulting change is insignificant; sales promotion where permissible).
A new campaign that is very much 'in the mould' of already-approved advertising.
Small classified advertisements for professional services within the health arena.
Minor point-of-sale displays and promotional items (i.e. ones which are NOT linked to a media campaign).
Advertisements in the medical media (i.e. they're targeting a qualified audience)
Advertisements for low-risk products e.g. anti-dandruff shampoos.
Advertisements for products or categories which have been specifically authorised by the Adjudicator for approval by a DA.
If there is any doubt that an advertisement fits the above criteria, it should always be referred to the Adjudicator.
Qualifications for DA Nomination
Only advertisers and media organisations may apply to have an appropriately qualified executive appointed as a DA. The nominated individual should have:
Experience in pharmaceutical or natural health/dietary supplement advertising;
A good understanding of the relevant codes and regulations;
A good understanding of the need for consistent compliance;
The ability to provide high quality judgments, advice and direction.
Nomination Procedure
Organisations wishing to register a DA must complete and return the Delegated Authority Registration Form (see Appendix 'C'). Copies of this form can be obtained from ANZA.
The proposed DA is considered by a committee of representatives from ANZA, TAPS, ASA, RMI, NMA and the appropriate complementary healthcare organisation.
Upon payment of the DA registration fee, ANZA issues the DA with a unique TAPS approval number which the media will recognise as belonging to that individual.
Changing DAs
An organisation can apply to change their in-house DA at any time by:
Advising ANZA that the current DA is to be deregistered.
Completing and returning a new Delegated Authority Registration Application (obtainable from ANZA).
Registration Costs
Organisations registering a DA pay an annual registration fee to ANZA:
For Members (of ANZA and other
ASA member organisations) $450 + GST per annum
For Non-Members $550 + GST per annum
This fee funds administration, training and evaluation expenses.
Training and Support
Once approved, the DA receives initial briefing and training from the TAPS DA committee. Every DA receives at least one additional refresher course per annum. These are conducted by the ASA and TAPS Adjudicator.
The DA is also able and encouraged to obtain advice from the TAPS Adjudicator, at any time, free of charge.
Day-to-Day Responsibilities
The DA is responsible for:
Assessing whether 'uncontentious advertisements' comply with the relevant codes and regulations.
When an advertisement complies, granting approval for it to be placed with the media. This is evidenced by an Advertisement Approval Form (see Appendix 'D') which details the following:
- TAPS reference number
- Advertisement title
- Client
- Product
- DA's signature/unique TAPS-registered number
Note: No one other than the approved/registered DA is entitled to use that number in approving an advertisement.
Establishing a register of decisions made with sequential numbers and dates.
Maintaining an annual file of advertisements approved, with the register number attached. This needs to be available for spot checks if required.
Being familiar with key decisions of the Advertising Standards Complaints Board (ASCB). These are available on the ASA website www.asa. and are updated regularly.
The Media's Role
Media Clearance
TAPS procedures do not alter the pre-clearance requirements of media bodies. Therapeutic advertisements must be submitted for pre-publication or pre-broadcast approval as required.
For all TV, radio and cinema campaigns, advertisers are also recommended to obtain advice from these pre-clearance authorities at concept, script and production stages.
Media Concerns
Occasionally a TAPS-approved advertisement might cause some concern to the media. If so, the following course of action should be taken:
If the advertisement has been approved by the TAPS Adjudicator, the media should discuss the concern with the Adjudicator (at no charge for a brief consultation).
If the advertisement has been approved by a DA, the media should first discuss the concern with the DA and if still not resolved, ask the Adjudicator to rule (at no charge for a brief consultation).
Note: When the Media requires a longer consultation (i.e. more than 5 minutes) or a written opinion from the Adjudicator, standard charges for these services do apply.
Limits of Authority
If a Media DA is asked to approve an advertisement which does not entirely fit within the 'uncontentious' category, or in some other way is beyond the DA's expertise, the DA should:
Discuss marginal calls with the Adjudicator (no charge for a brief consultation), or
Formally refer the advertisement to the Adjudicator (a charge will apply).
Ultimate Responsibility
Ultimately, the media running the advertisement has to take responsibility. If concerns aren't resolved, then placement of the advertisement should possibly be reconsidered.
Complaints Against Therapeutic Advertising
Any member of the public who considers there's been a breach of the Advertising Codes of Practice may complain to the Advertising Standards Complaints Board (ASCB) .
Established by the ASA, the ASCB is an independent body that will seek comments from all interested parties and then adjudicate on the complaint.
If the complaint is upheld, then the advertiser, advertising agency and media are, in accordance with self-regulatory principles, requested to voluntarily withdraw the advertisement. This request is invariably followed.
The ASCB's decisions set precedents for the Adjudicator and DAs to observe in granting subsequent approvals.
Executive summaries of the most recently published decisions are found on the ASA's website www.asa..
Association of New Zealand Advertisers Inc
Level 3, Quay Tower, 29 Customs St West
P O Box 9348, Newmarket
Auckland, New Zealand
Telephone 09 300 5932
Facsimile 09 300 5931
email anza@anza.
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