Advertising Compliance
How Dentaltrak ensures advertising compliance for its SAAS product
Dentaltrak is a company that provides a cloud-based software as a service (SAAS) product for dental procurement, helping dental practices optimise their inventory management, ordering process, and waste reduction. Dentaltrak also supports dental practices in implementing sustainable actions, such as using eco-friendly products, improving energy efficiency, and enhancing green space.
However, Dentaltrak is not only concerned with the environmental impact of its product, but also with the legal and ethical implications of its advertising. Dentaltrak is aware that advertising of therapeutic goods, such as medicine, medical devices, and complementary medicines, is subject to the requirements of the Therapeutic Goods Act 1989 (the Act), the Therapeutic Goods Regulations 1990 (the Regulations), and the Therapeutic Goods Advertising Code (the Code)https://www.tga.gov.au/resources/resource/guidance/complying-advertising-requirements. Dentaltrak also knows that advertising of any product or service must comply with the Australian Consumer Law, which prohibits false or misleading representations. That is why Dentaltrak has developed a comprehensive advertising compliance strategy, which covers the following key aspects:
The first step of Dentaltrak’s advertising compliance strategy is to determine whether its product is classified as a therapeutic good or not. According to the Act, a therapeutic good is a good that is represented in any way to be, or that is, whether because of the way in which the good is presented or for any other reason, likely to be taken to be for therapeutic use. Therapeutic use means use in or in connection with preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury, influencing, inhibiting or modifying a physiological process, testing the susceptibility of persons to a disease or ailment, influencing, controlling or preventing conception, or testing for pregnancy.
Dentaltrak’s product is not intended or represented to be for therapeutic use, but rather for administrative and operational purposes. Dentaltrak’s product does not prevent, diagnose, cure or alleviate any disease, ailment, defect or injury, nor does it influence, inhibit or modify any physiological process. Dentaltrak’s product does not test the susceptibility of persons to a disease or ailment, nor does it influence, control or prevent conception, or test for pregnancy. Therefore, Dentaltrak’s product is not a therapeutic good, and is not subject to the Act, the Regulations, or the Code.
However, Dentaltrak’s product may be associated with therapeutic goods, such as the dental supplies that it helps to procure and manage. Dentaltrak ensures that it does not make any claims or representations about the therapeutic goods that it is associated with, such as their quality, safety, efficacy, or performance. Dentaltrak also ensures that it does not use any restricted or prohibited representations, such as references to serious forms of diseases, conditions, ailments or defects, or substances included in Schedule 3, 4 or 8 to the current Poisons Standard.
The second step of Dentaltrak’s advertising compliance strategy is to ensure that its advertising complies with the Australian Consumer Law, which applies to all products and services, regardless of whether they are therapeutic goods or not. The Australian Consumer Law prohibits false or misleading representations about products or services, such as their nature, characteristics, suitability, quality, standard, grade, composition, style, model, origin, or price. The Australian Consumer Law also prohibits misleading or deceptive conduct, unconscionable conduct, and unfair contract terms.
Dentaltrak ensures that its advertising is accurate, truthful, and not misleading, and that it can substantiate any claims or representations that it makes about its product. Dentaltrak also ensures that its advertising does not create any false or unreasonable expectations or induce any undue influence or pressure on consumers. Dentaltrak also ensures that its advertising does not exploit any vulnerability, ignorance, or lack of understanding of consumers, or take advantage of any asymmetry of information or bargaining power. Dentaltrak also ensures that its advertising does not contain any unfair or unconscionable terms or conditions, such as excessive fees, penalties, or liabilities.
Dentaltrak is a company that provides a SAAS product for dental procurement, which is not a therapeutic good, but may be associated with therapeutic goods. Dentaltrak is committed to ensuring that its advertising complies with the requirements of the Therapeutic Goods Act, the Therapeutic Goods Regulations, the Therapeutic Goods Advertising Code, and the Australian Consumer Law. Dentaltrak has developed a comprehensive advertising compliance strategy, which covers product classification and consumer protection. Dentaltrak aims to advertise its
product in a legal and ethical manner, not only for the benefit of Dentaltrak.
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