Published: 8 December 2025

Compliance

Exemption for advertising unapproved medicines at medical conferences

Advertising of unapproved medicines is not permitted unless the provisions of Section 34AA of the Medicines Act 1981 are met. This section provides an exemption from the prohibition on advertising the availability of unapproved medicines under section 20(2)(c) of the Act. This exemption applies only in the context of medical conferences and associated trade shows and requires notification to the Director-General of Health (described below).

This mechanism applies only to medicines that have not been approved for supply/distribution in New Zealand under sections 20, 22D or 23 of the Medicines Act 1981. Approved medicines may be advertised at medical conferences and associated trade shows without prior notification.

Definition of medical conference

Any conference, including an associated trade show, where the intended audience are health practitioners regulated under the Health Practitioners Competence Assurance Act 2003.

What the exemption requires

The organiser of a medical conference must notify the Director-General of Health at least 30 working days before the opening of the conference with the following information:

  • Confirmation that one or more medicines not approved under sections 20, 22D, or 23 of the Medicines Act 1981 will be advertised at the medical conference.
  • The dates the conference will open and close.
  • The location of the conference.
  • Whether the medicines have been approved by a recognised regulatory authority.
  • Whether applications for approval under sections 20, 22D, or 23 of the Medicines Act 1981 have been submitted to the Director-General of Health.

Complete the online form to notify the Director-General of Health: Section 34AA Notification form.

Important points

  • This exemption only applies to advertising at the medical conference itself and associated trade show.
  • All other requirements relating to the advertising of medicines apply. Please refer to:
  • The organiser of a medical conference must notify the Director-General of Health at least 30 working days before the opening of the conference. Complete the online form for the notification.
  • The legislative requirements for the exemption are listed above. However, the online form also requests further details for Medsafe’s information.

More information

For full legislative details, refer to the Medicines Act 1981.

For any queries, please email: section29@health.govt.nz

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