Code FAQs

Frequently Asked Questions – GENERAL

 

Could you please clarify for me the IVD Australia regulations on giveaways at conferences.

For an upcoming conference, the event is having daily prize draws. Customers win these by coming to the booth and answering a question correctly. We are planning to give away iPads as the daily prize and other companies are doing similar. Is this allowed?

Also, traditionally we give away branded pens and other items (like all companies do)…

There are two clauses in the IVD Australia Code of Conduct that are applicable here – 7.6 and 7.10

7.6 Gifts

Members may occasionally provide:

a.     Modest gifts to healthcare professionals but these must be of an educational nature only;

b.     Company or Branded promotional items of minimal value (eg notepads and pensat Trade Displays or Educational and Training Events;

c.     Provision of items that may be used for both educational and non-educational purposes must not be provided directly to healthcare professionals, but must be provided to the healthcare professional’s department or institute clearly stating their educational use. This type of gifting must be fully documented.

Gifts must not be in the form of cash or monetary equivalents.

The provision of product samples is not considered to be a gift and the provision of reasonable sample product or demonstration product for evaluation purposes is deemed to be an appropriate activity.

7.10 Competitions

Members may conduct competitions for Healthcare professionals directly or through a third party that comply with the following provisions:

a.     The competition must be based entirely on medical or other specialist healthcare knowledge or on the acquisition of such knowledge;

b.     All competition prizes must be directly relevant to the practice of medicine or other specialist field of healthcare and be of minimal monetary value or be an item of an educational nature;

c.     Entry to the competition must not be dependent on the ordering, recommendation, use, testing, purchase, sale or prescribing of a product; and

d.     The conduct of the competition must comply in all respects with all relevant laws and regulations

 

With regard to an iPad as a prize, it could be argued that, it could be used for practice and/or is of an educational nature. You should document the person to whom the prize was awarded. The question to be answered must be relevant to pathology/medicine (medical or other specialist healthcare knowledge or on the acquisition of such knowledge), it must not be about your company.

With regard to pens and other promotional items, if they are of minimal monetary value, there is no issue.

Hope this helps, if not, let us know.