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 boutique firm offering intellectual property specialist lawyers, patent attorneys and trade mark attorneys to the life sciences industries (in particular, pharmaceutical, biopharmaceutical, biotech, ag-tech and food tech). Pearce IP is the 2021 ‘Intellectual Property Team of the Year’ (Lawyers Weekly Australian Law Awards) and was shortlisted for the same award in 2022. Pearce IP is ranked in IAM Patent 1000 and Managing IP (MIP) IP Stars, in Australasian Lawyer 5 Star Awards as a ‘5 Star’ firm, and the Legal 500 APAC Guide for Intellectual Property.
Our leaders have been recognised in virtually every notable IP listing for their legal, patent and trade mark excellence including: IAM Patent 1000, IAM Strategy 300, MIP IP Stars, Doyles Guide, WIPR Leaders, 5 Star IP Lawyers, Best Lawyers, and Australasian Lawyer 5 Star Awards, and have been honoured with many awards including Australian Law Awards – IP Partner of the Year, Women in Law Awards – Partner of the Year, Women in Business Law Awards - Patent Lawyer of the Year (Asia Pacific), Most Influential Lawyers (Changemaker), among other awards.
Paul Johns
Executive, Lawyer (NZ, AU) & Trade Mark Attorney (NZ), (Head of Litigation – New Zealand)
Paul is an intellectual property dispute resolution specialist with more than 24 years of experience across New Zealand and the UK. Paul is a seasoned lawyer, IP strategist, and Head of Pearce IP’s litigation team in New Zealand. Paul is recommended for litigation in the IAM Patent 1000, rated bronze for enforcement and litigation in the WTR1000, ranked Band 4 for Intellectual Property Asia-Pacific in Chambers, and recognised for Intellectual Property and Litigation in Best Lawyers.
Paul is a member of New Zealand’s Copyright Tribunal. He is the Vice Chair of the Patent Law Subcommittee of the IP and Entertainment Law Committee of the International Bar Association. Paul is also a member of the Intellectual Property Society of Australia and New Zealand and is an Associate Member of New Zealand Intellectual Property Attorneys Inc.
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
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.