What the TGA Code Means for Brands and Creators

The Therapeutic Goods Advertising (TGA) Code is a framework that regulates the advertisement of therapeutic goods like vitamins and ‘health’ products to the public.

Because of the nature of therapeutic goods - aka for health and wellbeing - they have to be more stringently regulated than consumer goods, especially in the social media era.

The new code, which will come into effect on July 1st, will prohibit paid endorsements for therapeutic goods within Australia (under section 24, Part 6).

More specifically, the new law will mean tough restrictions for influencers endorsing products in return for gifted products or payment. 

So, what does this actually mean for brands and creators?

For brands:

Whilst the code does not completely ‘ban’ paid or gifted influencer endorsements, the code does include strict guidelines which must be adhered to, such as the provision of testimonials.

Meaning that brands and creators can still collaborate, as long as personal accounts, including before and after photos are not posted. So if testimonials are a part of your brand’s marketing strategy, then they must be from paying customers who have not been incentivised. If a brand wishes to use the consumer supplied content, in line with the TGA guidelines the brand is required to have “Always read the label and follow directions for use” messaging on the image/s posted on social media of listed TGA products as opposed to captions.

There are also broader-reaching restrictions on therapeutic use claims, like 'removes toxins', 'fades age spots', 'relieves pain', 'aids sugar metabolism' and 'reduces inflammation in the body'.

Advertising any therapeutic good will require approval by the TGA, and if you’re promoting goods with therapeutic use claims (more on those below), you’ll need your product to be listed on the Australian Register of Therapeutic Goods.

It is also important to note that all previous influencer posts promoting therapeutic goods will need to be removed from social media.

For creators:

For creators, it’s important to know that any comments you make on social media about your experience with a therapeutic good are considered testimonials by the TGA, and are regulated as such.

Every feed post, story, reel, TikTok that makes mention of a therapeutic good is considered advertising, so the TGA’s authority extends pretty far.

Learn more about TGA’s social media advertising guide on their website.

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