The TGA has updated its guidance on advertising therapeutic goods on social media. We recommend all advertisers familiarise themselves with these requirements, as therapeutic goods advertising on social platforms must comply with the Therapeutic Goods Act 1989, the Therapeutic Goods Advertising Code, and Australian Consumer Law.
What Constitutes Advertising
Any statement, image, or design intended to promote therapeutic goods on social media is advertising. This includes posts, comments, stories, reels, livestreams, podcasts, hashtags, links, and sponsored content.
Advertiser Responsibility
- You are responsible for all content you create or manage, including:
- User-generated content and third-party comments on your platforms
- Content created by influencers you engage (particularly paid endorsements)
- Historical posts (all posts, regardless of date, must remain compliant)
- Linked or tagged content, even if external to your platform
- AI-generated or AI-assisted advertising content
Product Reviews and Testimonials
Third-party reviews and comments about therapeutic goods are likely to be considered testimonials and must comply with the Code. You should actively monitor your channels to remove unlawful posts and ensure testimonials meet legislative requirements. Creating fake reviews or suppressing negative reviews violates both TGA requirements and Australian Consumer Law.
Influencer and Paid Partnerships
Commercial relationships must be clearly disclosed. Content must be immediately identifiable as advertising without requiring user interaction. Where platforms offer paid partnership disclosure features, these should be used. You should ensure influencers understand the product is a therapeutic good and are aware of the relevant restrictions.
Special Considerations for Different Platforms:
- Livestreaming/Podcasts: Use text overlays for mandatory statements and health warnings, repeated periodically for viewers joining mid-stream
- Links/Hashtags/Tags: Exercise caution—these can change context and make content promotional. Tagging government bodies (including the TGA) may imply endorsement and is prohibited
- Sharing/Resharing: Even non-promotional original content can become advertising when reshared in a promotional context
Prohibited Content
Prescription medicines, biologicals, and unapproved therapeutic goods cannot be advertised to the public, including via social media posts, testimonials, or influencer content.
Enforcement
Non-compliance carries offences and civil penalties.
ClearAds is here to help you navigate this evolving landscape. For guidance on your Social Media TGA advertising, contact us at (02) 8968 7200 or hello@clearads.com.au.