Only products that are approved medicines (ie, have consent for distribution) under the Medicines Act 1981 can be advertised. The advertisement of any controlled drugs (except for exempted or partially exempted drugs) is also prohibited unless the advertisement is distributed only to practitioners or pharmacists. The sale, distribution or advertising of unapproved medicines is a breach of the Medicines Act.
For a medicine to be approved, there must be supporting data to demonstrate its safety, effectiveness and quality.
Most medicinal cannabis products (including CBD products) will not have this supporting data and are therefore unapproved medicines that cannot be advertised or promoted in any way. Unapproved medicines can only be supplied to patients named on a prescription.
For further information, refer to the Medsafe guidance on Marketing Products Which Are Not Approved Medicines and Part 7 of the Guideline on the Regulation of Therapeutic Products in New Zealand.
