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DRUG ADVERTISING UPDATE – New Zealand to Allow Advertising of Unapproved Drugs… by 2030

UPDATE: New Zealand intends to allow advertising of unapproved drugs at medical professional conferences but not until 2030.

Earlier this year we reported on the New Zealand government’s announcement of a policy to allow the advertisement at medical conferences and trade shows of medicines not approved by the New Zealand medicines regulator, Medsafe.  We noted that although the policy was being presented as an existing or imminent law change, the required statutory amendments had not been made or even publicly presented in draft.

The Ministry of Health has now clarified that this reform will be included in the Medical Products Bill which is proposed to replace the principal drug-regulation law in New Zealand, the Medicines Act 1981.  That Bill has not yet been drafted.  The latest update from the Ministry of Health is that the Bill will be introduced to parliament in 2026 with the intent that it come into force in 2030.

The advertising reform will not become part of the Medicines Amendment Bill, currently awaiting its second reading in Parliament.  That Amendment Bill will remain limited to:

  • introducing a fast-track approval process for drugs already approved in two, recognised, foreign jurisdictions
  • broadening some prescription powers.

Pending any further updates, the key points to remember are:

  • The law prohibiting the advertising of unapproved medicines in New Zealand has not yet been changed.
  • Advertising unapproved medicines in New Zealand, even to medical professionals at conferences and trade events, remains a criminal offence under section 20 of the Medicines Act 1981 and is subject to a fine of up to NZ$100,000 and, in the case of individuals, imprisonment for up to 6 months.

For further information on medicine regulation in New Zealand, contact our New Zealand executives, Paul Johns, Julie Balance and Sally Paterson.

 

About Pearce IP

Pearce IP is a specialist firm offering intellectual property specialist lawyers and attorneys with a focus on the life sciences industries.  Pearce IP and its leaders are ranked in every notable legal directory for legal, patent and trade mark excellence, including: Chambers & Partners, Legal 500, IAM Patent 1000, IAM Strategy 300, MIP IP Stars, Doyles Guide, WTR 1000, Best Lawyers, WIPR Leaders, 5 Star IP Lawyers, among others.

In 2025, Pearce IP was recognised by Australasian Lawyer and New Zealand Lawyer’s 5 Star Employer of Choice, and is the “Standout Winner” for inclusion and culture for firms with less than 100 employees. Pearce IP was awarded “IP Team of the Year” by Lawyers Weekly at the 2021 Australian Law Awards. Pearce IP is recognised by Managing IP as the only leading ANZ IP firm with a female founder, and is certified by WEConnect International as women owned.

 

Paul Johns

Paul Johns

Executive, Lawyer (NZ, AU) & Trade Mark Attorney (NZ), (Head of Litigation – New Zealand)

Paul is Head of Pearce IP’s New Zealand litigation team and an IP dispute specialist with 24+ years’ experience in New Zealand and the UK. He is recognised in IAM Patent 1000, WTR1000, Chambers Asia-Pacific, and Best Lawyers. Paul serves on New Zealand’s Copyright Tribunal, is Vice Chair of the IBA’s Patent Law Subcommittee, and is a member of the Intellectual Property Society of Australia and New Zealand and NZ Intellectual Property Attorneys Inc.

Sally Paterson

Sally Paterson

Executive Lawyer (NZ), Patent & Trade Mark Attorney (AU, NZ)

Sally is a senior Trans-Tasman Patent and Trade Mark Attorney, and a New Zealand registered lawyer with over 20 years’ experience in IP.  Sally’s particular expertise is in life sciences, drawing from her background in biological sciences.

Sally is well respected in the New Zealand IP community for her broad ranging skills in all aspects of intellectual property advice, protection and enforcement.

Sally has extensive experience securing registration for patents, designs and trade marks in New Zealand, Australia and internationally, providing strategic infringement, validity and enforceability opinions, acting in contentious disputes including matters before the courts of New Zealand and before IPONZ and IP Australia, and advising on copyright and consumer law matters.

Julie Ballance

Julie Ballance

Executive, Patent Attorney & Trade Mark Practitioner (AU, NZ), Lawyer & Notary (NZ)

Julie is a senior Trans-Tasman patent attorney, and a New Zealand registered lawyer and notary public with more than 30 years’ experience across a range of technology areas and a first class honours degree in chemistry. Julie is internationally renowned for her considerable patent/trade mark/designs/legal prowess, including being ranked in IAM Patent 1000.

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