Therapeutic Claims

Therapeutic Claims

AANA promotes responsible advertising practice for therapeutic claims, including the food – medicine interface, by working with TGA on up-to-date guidance and education.
Member only

Webinar: TGA’s Updated Social Media Advertising Guidance

Covers:
• What is an ad?
• What is covered – AI, podcasts?
• Endorsements v. testimonials
• Who is responsible – brand or influencer?
• Key rules for responsible social media advertising
• Removal of old non-compliant posts
• Pre-vetting tools
• Enforcement process and potential penalties
• Enforcement Resolution options

TGA compliance tools

These compliance tools aim to help advertisers understand the legislative requirements for advertising therapeutic goods on social media platforms and other channels.

 

 
The Therapeutic Goods Administration (TGA) Advertising Code sets the rules for how therapeutic goods—such as medicines, medical devices and certain supplements—can be promoted to consumers in Australia. It operates within the broader framework of the Therapeutic Goods Act 1989 and is designed to ensure advertising is accurate, balanced and not misleading, while supporting safe and informed use of products.

At its core, the Code requires that advertising:

  • is truthful, not misleading or deceptive, and substantiated
  • presents a balanced view of benefits and risks
  • does not exploit consumers’ fears or lack of knowledge
  • uses appropriate language and mandatory statements where required (e.g. for higher-risk medicines)

The food–medicine interface

  • One of the more nuanced areas for advertisers is the boundary between foods and therapeutic goods. Products like vitamins, supplements and functional foods can sit on either side depending on their claims and regulatory classification.
  • Foods are regulated under food law and overseen by bodies like Food Standards Australia New Zealand.
  • Therapeutic goods fall under the TGA and the Advertising Code.
  • The key dividing line is claims. If a product makes therapeutic claims (e.g. “prevents disease,” “treats symptoms”), it is likely to be regulated as a medicine—even if it looks like a food or beverage. For advertisers, this means creative, copy and influencer messaging can inadvertently “tip” a product into TGA territory, triggering stricter compliance obligations.

Influencers and social media

The Code is platform-neutral and applies equally to influencer marketing. The TGA makes it clear that:

  • anyone who promotes a therapeutic good—brands, agencies, influencers, or affiliates—is considered an advertiser
  • testimonials and endorsements must be genuine, not misleading, and cannot be used for certain higher-risk products
  • influencers cannot make claims that go beyond the product’s approved indications or evidence base
  • disclosures alone (e.g. #ad) do not fix non-compliant therapeutic claims

Recent enforcement activity shows the TGA is actively monitoring social and
influencer content, particularly in categories like supplements, weight loss and
skincare.

What this means for industry

For advertising professionals, the TGA Code requires tighter alignment between regulatory, legal and creative teams – especially in influencer-led campaigns and products sitting at the food – medicine boundary. The risk is less about intent and more about execution: a single overstatement, health claim or testimonial can shift a campaign into non-compliance.
In short: if it sounds like a health claim, treat it like one – and ensure it stacks up under the TGA Code before it goes live.