Advertising Therapeutic Goods on Social Media in Australia

1. Overview and Applicability

All forms of advertising therapeutic goods on social media platforms are subject to the same regulatory requirements as traditional media under the Therapeutic Goods Act 1989 and the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021. This includes posts, stories, reels, comments, private messages (if promotional), and any content intended to promote therapeutic goods. Source: https://www.tga.gov.au/resources/guidance/advertising-therapeutic-goods-social-media Social media advertising must be truthful, balanced, substantiated, and not misleading, with restrictions on claims, representations, and audience targeting. Source: https://www.tga.gov.au/resources/guidance/advertising-therapeutic-goods-social-media

2. What Constitutes Advertising on Social Media

Advertising includes any statement, pictorial representation, or design that promotes the use or supply of therapeutic goods. This covers:

• Sponsored posts or paid promotions
• Organic posts by sponsors, manufacturers, or related parties
• Influencer or ambassador content (paid or gifted)
• User-generated content that is encouraged, reposted, or incentivized by the sponsor
• Comments or replies that promote products if made by or on behalf of the sponsor Even non-commercial posts can become advertising if they influence purchasing decisions or are adopted/encouraged by the sponsor. Source: https://www.tga.gov.au/resources/guidance/advertising-therapeutic-goods-social-media

3. Key Compliance Requirements

• Claims and representations: Must comply with permitted indications (for listed goods) or approved indications (for registered goods); restricted/prohibited representations apply.
• Audience targeting: Prescription medicines and certain high-risk goods cannot be advertised to the public; geo-targeting must prevent Australian exposure where prohibited.
• Disclosure: Paid promotions must clearly disclose sponsorship (e.g., #ad, #sponsored); failure to disclose can breach advertising rules and platform policies.
• Global reach: Content accessible in Australia must comply even if targeted overseas; sponsors should use platform tools to restrict Australian visibility where necessary. Source: https://www.tga.gov.au/resources/guidance/advertising-therapeutic-goods-social-media

4. Specific Considerations for Social Media Features

• Likes, shares, comments: These can extend reach and constitute advertising if the original post is promotional.
• Stories and ephemeral content: Must still meet full advertising requirements during their availability.
• Live streams: Real-time content requires careful moderation to avoid non-compliant claims.
• User-generated content: Sponsors remain responsible if they repost, encourage, or benefit from non-compliant user posts. Source: https://www.tga.gov.au/resources/guidance/advertising-therapeutic-goods-social-media

5. Practical Guidance and Best Practices

Sponsors should:

• Implement social media policies and training for staff/influencers.
• Use contracts with influencers requiring TGA compliance.
• Monitor and moderate platforms regularly.
• Keep records of approvals, substantiation, and disclosures.
• Use platform advertising tools responsibly (e.g., age/gender/geo restrictions). Non-compliance can lead to enforcement actions, including corrective advertising or penalties. Source: https://www.tga.gov.au/resources/guidance/advertising-therapeutic-goods-social-media

6. Related Resources

Refer to the Therapeutic Goods Advertising Code, guidance on restricted representations, influencer advertising, and enforcement policies for detailed requirements. The TGA encourages proactive compliance and offers resources for social media advertisers. Source: https://www.tga.gov.au/resources/guidance/advertising-therapeutic-goods-social-media