The Therapeutic Goods Administration (TGA) has recently released a helpful resource titled “10 Tips for Complying with the TGA Advertising Rules”, designed to support health professionals and advertisers in navigating the complex landscape of therapeutic goods promotion.
These tips provide a concise and practical guide to ensure advertising practices remain compliant with current legislation, helping to protect both practitioners and clinic owners from potential breaches. Whether you’re promoting medical devices, anti-ageing treatments, or complementary medicines, understanding these rules is essential for maintaining trust, safety, and regulatory compliance in your practice.
Advertising must not refer to prescription only substances and biologicals
1. Emphasise the services offered, not the therapeutic goods
If an ad for a health service refers to therapeutic goods used in the delivery of the service, it must comply with the TGA advertising rules.
2. Look up the advertising rules before you advertise specific therapeutic goods
Therapeutic goods that contain a substance mentioned in Schedule 4 to the Poisons
Standard must not be advertised to the public, e.g. botulinum toxins, hyaluronic acid.
3. Don’t promote prescription medicines – including through substitute terms
The prohibition on advertising prescription medicines also applies to:
- Substitute terms (‘anti-wrinkle injections’)
- Acronyms, nicknames and abbreviations
4. Make sure your educational content is non-promotional
Educational information in the public domain must be purely factual and balanced (communicates risks and benefits). Examples include before’ and ‘after’ care instructions.
5. Don’t refer to cosmetic injectables through your client booking system
Booking systems that draw consumers to a service on the basis that specific therapeutic goods are used in the delivery of the service and providing price information are likely to be an advertisement for therapeutic goods.
6. Review your social media
Due to the nature of social media posts and their ready accessibility to consumers regardless of the date posted, all social media posts, historical and new, are required to comply with the requirements.
7. Be careful with ‘before and after’ photos
If it is apparent to the consumer that the ‘after’ photo is due to the administration of a prescription-only substance or good, this is likely to amount to an advertisement for a therapeutic good that would contravene the Act.
8. Make sure your business name is compliant
Products that contain a substance mentioned in Schedule 4 to the Poisons Standard and unapproved products must not be advertised to the public, including through business names.
9. Prescription medicines should only be discussed with patients by a registered professional during a consultation or treatment
The advertising rules apply to all communications in the public domain, including mass communications, e.g. by email or text message, or at public events to prospective customers.
10. Seek advice if you’re unsure
It is the advertiser’s responsibility to comply with all legislative requirements.
