In November 2025, the Therapeutic Goods Administration issued updated guidance clarifying how Australia’s therapeutic goods advertising rules apply to social media platforms, amid ongoing non-compliance across digital channels.
The guidance addresses how existing obligations under the Therapeutic Goods Act 1989 operate in social media environments, where education, professional commentary and promotion often overlap.
According to the TGA, the update reflects stakeholder feedback and frequently asked questions, and is intended to provide clearer expectations for businesses, health practitioners and influencers operating online.
Advertising is assessed by effect, not intent
A central clarification in the guidance is that whether content constitutes advertising depends on its overall effect, not how it is labelled or the intent behind it.
Content presented as education, professional discussion or personal experience may still be considered advertising if it draws attention to, or promotes, the use or supply of a therapeutic good. This applies equally to paid and unpaid content.
The TGA confirms that advertising encompasses the full range of social media formats, including posts, reels, stories, videos, live content, profile information, links and comments.
Who is responsible for compliance?
The guidance makes clear that responsibility rests with those who control the platform or account.
Businesses, health practitioners and influencers are responsible for content they create, share or manage, including third-party comments on platforms they control. Leaving non-compliant comments visible may be treated as publishing or endorsing the content.
Influencers promoting therapeutic goods are considered advertisers under the Act and must comply with the same legal obligations as businesses, regardless of whether content creation is outsourced or framed as personal experience.
Common compliance risks
The TGA highlights recurring issues identified through monitoring and enforcement, including:
- testimonials relating to therapeutic goods
- advertising presented as education or general information
- exaggerated, misleading or unbalanced claims
- incorrect or inconsistent use of mandatory health warnings
- inadequate oversight of influencer content
Where mandatory health warnings are required, they must be clearly visible, legible and not obscured by formatting or platform features.
Monitoring and enforcement
The regulator continues to actively monitor online advertising and works with digital platforms to remove unlawful content.
In the 2024-25 financial year, the TGA requested the removal of more than 13,700 unlawful advertisements. Enforcement options include infringement notices, directions, prevention notices and civil or criminal proceedings, with significant penalties available under the legislation.
Practices are expected to apply the same rigour to digital marketing as to other regulated activities, including:
- reviewing social media content as part of broader advertising compliance
- monitoring and moderating comments
- ensuring staff and contractors understand advertising obligations
- maintaining oversight of influencer and promotional activity
As regulatory scrutiny of advertising and professional conduct continues to intensify, the updated guidance signals a clear expectation that compliance is considered at the point of content creation, not managed retrospectively.
