56 Prohibitions, restrictions, and requirements relating to advertising of approved products

(1)

A person must not advertise an approved product—

(a)

on television or on radio; or

(b)

in any newspaper or other periodical publication printed and published in New Zealand; or

(c)

on an Internet site (except an Internet site maintained for the primary purpose of the Internet sale of approved products); or

(d)

on or in any other medium prescribed in the regulations.

(2)

A person must not advertise an approved product—

(a)

in a manner, way, medium, or form that conveys that the product is safe:

(b)

in a manner, way, medium, or form that contains themes that are, or are likely to be, particularly appealing to minors:

(c)

where the advertising is accompanied by incentives that are designed to encourage persons to buy an approved product (for example, a promotional gift or the free-of-charge supply of an approved product).

(3)

Advertising for an approved product (except a product sold by Internet sale)—

(a)

may appear only in premises where the approved product is sold; and

(b)

must be confined to the inside of the premises; and

(c)

must not be easily visible or audible from outside the premises; and

(d)

must be limited to material that communicates objective information about the product, including (without limitation)—

(i)

the active ingredients of the product and the appropriate quantity of each active ingredient:

(ii)

the price of the product.

(4)

A person must not advertise an approved product in a way that does not comply with subsection (3).

(5)

A person who contravenes subsection (1), (2), or (4) commits an offence and is liable on conviction,—

(a)

in the case of an importer, manufacturer, or wholesaler, to a fine not exceeding $50,000:

(b)

in the case of a retailer, to a fine not exceeding $10,000.

Compare: 2005 No 81 s 43