TGA Advertising Rules for Healthcare: What Australian Clinics Must Know

The TGA pulled 14,000 non-compliant advertisements in a single year. Social media posts, website pages, Google Ads. Clinics that had been running the same campaigns for months suddenly found themselves on the wrong end of a complaint. Some copped fines. Others had products suspended.

If you run a healthcare clinic in Australia and you advertise anything that could be classified as a therapeutic good, this matters to you. The rules are specific, the penalties are steep, and "I didn't know" has never been a successful defence.

Here's what you actually need to understand about TGA advertising regulations in Australia.

What is the Therapeutic Goods Act 1989?

The Therapeutic Goods Act 1989 is the federal legislation that governs how therapeutic goods are manufactured, supplied, and advertised in Australia. The Therapeutic Goods Administration (TGA) sits within the Department of Health and Aged Care and enforces this Act.

For advertising specifically, the key instrument is the Therapeutic Goods Advertising Code 2021 (the Code). This replaced the older 2018 Code and tightened requirements around social media, testimonials, and health professional endorsements.

The Code applies to anyone who advertises therapeutic goods in Australia. That includes clinics, practitioners, distributors, and sponsors. If you're promoting a therapeutic good to the public, you're subject to these rules.

Therapeutic goods include:

Medicines (prescription and over-the-counter)
Medical devices (from surgical instruments to dermal fillers)
Biologicals (human tissues and cells)
Complementary medicines and supplements

If a product is on the Australian Register of Therapeutic Goods (ARTG), it's a therapeutic good. Full stop.

What counts as "advertising" under TGA rules?

This is where most clinics get caught out. The definition of advertising under the Code is deliberately broad. It covers any statement, pictorial representation, or design that is intended to promote the use of a therapeutic good.

That includes:

| Channel | Examples | |---|---| | Website | Service pages describing treatments that involve therapeutic goods, product descriptions, landing pages | | Social media | Instagram posts, Facebook ads, TikTok videos, LinkedIn articles | | Google Ads | Search ads, display ads, remarketing campaigns | | Print | Brochures, flyers, posters in your waiting room | | Email | Newsletters, promotional emails, automated sequences | | Verbal | Statements made in consultations that go beyond clinical advice into promotion |

The critical point: you don't have to be selling the product directly. If you're a clinic that administers injectable treatments and your website describes the benefits of a specific product by name, that's advertising under the Code.

Even sharing a manufacturer's marketing material on your social media counts. You become the advertiser the moment you distribute the content.

How do the rules differ for consumers vs healthcare professionals?

TGA advertising regulations draw a hard line between advertising to consumers (the general public) and advertising to healthcare professionals. The rules for consumer-directed advertising are significantly stricter.

Consumer advertising

When you advertise to the general public, you can only promote therapeutic goods that are:

Listed (AUST L) or assessed listed (AUST L(A)) on the ARTG
Available without prescription

You cannot advertise prescription medicines (Schedule 4) or controlled substances (Schedule 8) to consumers. This is a blanket prohibition with very limited exceptions.

Your advertising must also:

Not be misleading or likely to be misleading
Not use scientific or technical language that a consumer can't reasonably understand
Not create unrealistic expectations about the product's effectiveness
Include required warning statements and disclaimers
Use the product's approved indications only

Healthcare professional advertising

Advertising to healthcare professionals has more flexibility. You can reference prescription medicines and include clinical data. But the advertising must still be:

Accurate and balanced
Consistent with the approved product information
Not misleading through omission or emphasis

The catch for clinics: if your website, social media, or marketing materials are publicly accessible, the TGA treats them as consumer advertising regardless of your intended audience. Putting "for healthcare professionals only" on your Instagram post doesn't change this. If a consumer can see it, it's consumer advertising.

What claims are prohibited?

The Code prohibits several categories of claims outright. These apply regardless of whether you're advertising to consumers or professionals.

| Prohibited claim | Example | |---|---| | Cure claims | "This treatment cures acne permanently" | | Guarantee claims | "Guaranteed results in 30 days" | | Misleading scientific claims | "Clinically proven" without robust evidence | | Comparison claims without evidence | "More effective than Brand X" | | Abuse of trust | "As recommended by Dr Smith" without genuine, current endorsement | | Fear or distress | "Without this treatment, your condition will worsen" | | Claims inconsistent with ARTG listing | Promoting off-label uses |

The "clinically proven" trap is worth highlighting. You can reference clinical evidence, but the evidence must be robust, relevant to the specific product, and available to substantiate the claim if the TGA requests it. A single small study doesn't make something "clinically proven."

Off-label promotion is another common issue. If a device or medicine is registered on the ARTG for one indication, you cannot advertise it for a different indication. Even if practitioners routinely use the product off-label in clinical practice, your advertising must stay within the approved indications.

What are restricted representations?

Beyond prohibited claims, the Code restricts how certain categories of therapeutic goods can be represented in advertising.

Schedule 4 and Schedule 8 substances cannot be advertised to consumers at all. This includes:

Prescription medicines
Prescription-only medical devices
Controlled substances

For clinics offering treatments that involve prescription medicines or devices (think injectables, prescription skincare, certain laser treatments), this creates a real tension. You want to promote your services, but you can't name or promote the specific prescription products you use.

The practical workaround: you can advertise the service or treatment outcome without naming the prescription product. "Anti-wrinkle injections" is generally acceptable. Naming the specific prescription injectable is not.

But be careful. Even describing a product's characteristics in enough detail that a consumer could identify it may breach the rules. The TGA looks at the overall impression of the advertisement, not just the specific words used.

Restricted representations also include claims that a therapeutic good:

Is safe, or has no side effects
Is effective in all cases
Is infallible or a "certain" treatment
Has been endorsed by the government or TGA

That last one catches people. Being listed on the ARTG is not an endorsement. You cannot say or imply that the TGA has approved a product's effectiveness. The ARTG listing means the product has met regulatory requirements for quality, safety, and efficacy. That's different from a recommendation.

What are the social media specific rules?

Social media is where the TGA has focused significant enforcement energy since 2020. The TGA's guidance on social media advertising of therapeutic goods is detailed and leaves little room for creative interpretation.

Influencer partnerships

If you engage an influencer to promote a therapeutic good (or a service that involves one), the advertisement must comply with the Code in full. The influencer's post is treated as your advertisement. You are responsible for its compliance.

This means:

The influencer cannot make prohibited claims
Required disclaimers must be included in the post, not buried in fine print
The commercial relationship must be disclosed
The post cannot promote prescription products to consumers

Paying a skincare influencer to post about a prescription retinoid your clinic dispenses? That's a breach, regardless of how the influencer frames it.

Testimonials

Testimonials in advertising therapeutic goods to consumers are heavily restricted under the 2021 Code. A testimonial is any recommendation or endorsement by a user of the product.

Consumer-directed testimonials for therapeutic goods:

Must not be misleading about the product's effects
Must not imply guaranteed outcomes
Must reflect genuine experiences with the product
Cannot be used for restricted goods (prescription medicines, etc.)

Patient reviews on Google or social media that describe therapeutic goods can also fall under the Code if you actively solicit, curate, or republish them. Sharing a patient's glowing review of a specific product on your clinic's Instagram turns that testimonial into your advertisement.

Before and after images

Before and after images related to therapeutic goods are treated as advertising claims. They must:

Accurately represent typical results
Not be digitally altered to exaggerate outcomes
Include appropriate context about the treatment
Not relate to prescription-only products in consumer advertising

If your before and after images show atypical or best-case results without context, the TGA can treat this as misleading advertising.

This is also where TGA advertising guidelines intersect with AHPRA advertising guidelines. AHPRA has its own strict rules about before and after images. If you're a registered health practitioner, you need to comply with both sets of rules simultaneously.

How does TGA intersect with AHPRA advertising guidelines?

This is one of the most confusing areas for clinics, and understandably so. TGA and AHPRA regulate different things, but their advertising rules overlap significantly.

TGA regulates advertising of therapeutic goods (products).

AHPRA regulates advertising of regulated health services (what practitioners do).

In practice, most clinic advertising involves both. A post about your dermal filler service involves a therapeutic good (the filler) and a regulated health service (the injection procedure). Both sets of rules apply.

Where they differ:

| Area | TGA | AHPRA | |---|---|---| | What's regulated | Therapeutic goods (products) | Regulated health services | | Who's regulated | Anyone advertising therapeutic goods | Registered health practitioners and their businesses | | Testimonials | Restricted (must not mislead) | Prohibited in most cases | | Before/after images | Must be accurate, not misleading | Prohibited for surgical procedures; restricted for others | | Prescription products | Cannot advertise to consumers | Additional restrictions on creating unreasonable expectations |

The tighter rule wins. If AHPRA prohibits testimonials for your service and TGA merely restricts them, you follow AHPRA's prohibition. You must comply with both frameworks simultaneously.

This dual compliance requirement is why many clinics unknowingly breach one set of rules while focusing on the other. A post might be AHPRA-compliant but breach TGA rules by naming a prescription product, or vice versa.

AHCRA's website compliance audit checks your advertising against both AHPRA and TGA requirements, which saves you from playing the "which regulator did I forget" game.

How does the TGA complaint process work?

Anyone can lodge a complaint about therapeutic goods advertising with the TGA. Competitors, patients, members of the public, even your own staff. Complaints are lodged through the TGA's online portal or in writing.

The process works like this:

Complaint received. The TGA assesses whether it falls within their jurisdiction.
Initial review. The TGA determines if the advertisement appears to breach the Code.
Request for response. The advertiser is given an opportunity to respond, usually within 20 business days.
Assessment. The TGA assesses the complaint, the advertisement, and the response.
Determination. The TGA decides whether a breach has occurred.
Action. If a breach is found, the TGA may require corrective action, issue a formal warning, impose conditions, or pursue penalties.

The TGA can also initiate its own investigations without a complaint. They actively monitor social media platforms and websites. Automated tools scan for non-compliant advertising, and the TGA has increased its monitoring capacity significantly since 2021.

Complaints about TGA advertising are taken seriously and processed relatively quickly. Most determinations are made within a few months of the complaint being lodged.

For a deeper look at how enforcement plays out in practice, see our breakdown of TGA weight loss advertising removals.

What are the penalties for breaching TGA advertising rules?

The penalties are substantial and have increased over time. The Therapeutic Goods Act provides for both civil and criminal penalties.

Civil penalties:

Up to $1,110,000 for individuals
Up to $11,100,000 for bodies corporate

Criminal penalties:

Up to $888,000 and/or 5 years imprisonment for individuals
Up to $4,440,000 for bodies corporate

These are maximum penalties. In practice, most first-time breaches result in:

Mandatory withdrawal or amendment of the advertisement
Formal warnings
Publication of the breach (naming and shaming)
Enforceable undertakings

But repeat offenders, serious breaches, and those involving restricted goods face escalating enforcement. The TGA has shown willingness to pursue significant penalties, particularly for advertising of prescription medicines to consumers and misleading health claims.

The reputational damage is also worth considering. TGA publishes breach findings on its website. Your clinic's name appearing in a list of advertising breaches is not great for the professional credibility you're trying to build.

What mistakes do clinics commonly make?

After working with clinics across Australia, the same patterns come up repeatedly.

1. Naming prescription products on public-facing pages. Your website service page for injectables names the specific prescription product. A consumer can see it. That's advertising a prescription medicine to consumers. Breach.

2. Sharing manufacturer content without checking compliance. A product sponsor sends you a "ready to post" social media tile. You share it. It contains a claim that's not supported by the ARTG listing. You're now the advertiser and you're responsible.

3. Reposting patient testimonials that mention products. A patient tags your clinic in an Instagram story raving about a specific product. You reshare it. That reshare is now your advertisement, and it needs to comply with the Code.

4. Using "clinically proven" without evidence. Your website says a treatment is "clinically proven" based on a small, non-peer-reviewed study funded by the manufacturer. The TGA considers this misleading.

5. Implying TGA endorsement. "TGA approved" in your marketing suggests the TGA endorses the product. It doesn't. The TGA assesses products for inclusion on the ARTG. That's regulatory compliance, not endorsement.

6. Ignoring required disclaimers. Certain therapeutic goods advertising requires specific warning statements. Leaving them off, or including them in a size or placement that makes them effectively invisible, is a breach.

7. Running the same ad across different platforms without checking each version. Your compliant website copy gets condensed for an Instagram ad. The condensed version drops a required disclaimer or changes the emphasis in a way that makes it misleading. Each version of the ad must comply independently.

What should your clinic advertising compliance checklist look like?

Use this as a starting point for reviewing your current advertising.

Product identification:

[ ] Have you identified all therapeutic goods mentioned or implied in your advertising?
[ ] Are these products listed on the ARTG?
[ ] Are any of them prescription-only (Schedule 4 or 8)?

Consumer advertising compliance:

[ ] Does any public-facing content name or identify prescription products?
[ ] Are all claims consistent with the ARTG-approved indications?
[ ] Are required warning statements and disclaimers included?
[ ] Are claims supported by robust evidence you can produce if asked?

Prohibited claims check:

[ ] No cure claims?
[ ] No guarantee claims?
[ ] No unsupported "clinically proven" claims?
[ ] No implied TGA endorsement?
[ ] No fear-based messaging?

Social media compliance:

[ ] Are influencer partnerships documented with compliance requirements?
[ ] Are testimonials compliant (not misleading, not for restricted goods)?
[ ] Are before and after images accurate and in context?
[ ] Are commercial relationships disclosed?

Cross-regulatory check:

[ ] Does advertising comply with AHPRA guidelines as well as TGA?
[ ] Has a qualified person reviewed the advertising for dual compliance?

If that checklist feels overwhelming, you're not alone. Most clinics don't have a dedicated compliance officer reviewing every social media post. That's exactly the gap that automated compliance tools fill. AHCRA's website compliance audit runs your public-facing content against both TGA and AHPRA advertising rules and flags issues before a complaint does.

Frequently asked questions

Can I mention a prescription medicine by name on my clinic's website?

No. If your website is publicly accessible, naming a prescription medicine is advertising that medicine to consumers, which the Code prohibits. You can describe the treatment category or the service you provide without naming the specific prescription product. For example, "anti-wrinkle injections" instead of the product's brand name.

Do Google reviews count as testimonials under the TGA Code?

Organic Google reviews that patients leave voluntarily are generally not considered your advertising. But if you solicit reviews about specific therapeutic goods, curate them, or republish them on your website or social media, they can be treated as testimonials in your advertising. The safest approach is to never reshare reviews that name specific therapeutic goods.

What happens if a competitor lodges a TGA advertising complaint against my clinic?

The TGA assesses all complaints on their merits, regardless of who lodges them. Competitor-driven complaints are common, and the TGA does not dismiss them just because of the source. If your advertising breaches the Code, the fact that a competitor reported it doesn't change the outcome. Focus on making your advertising compliant rather than worrying about who might report it.

How do TGA rules apply to telehealth advertising?

Telehealth services are subject to the same TGA advertising rules as in-person services. If you're advertising a telehealth consultation that involves prescribing or recommending therapeutic goods, the advertising for those goods must comply with the Code. The delivery method doesn't change the regulatory framework.

Can I use patient before and after photos for treatments involving therapeutic goods?

Yes, with significant limitations. The photos must accurately represent typical results and not be digitally altered to exaggerate outcomes. They cannot be used in consumer advertising for prescription products. And if you're a registered health practitioner, AHPRA's additional restrictions on before and after images also apply. Check both frameworks before posting.

Where to from here

TGA advertising compliance is not optional and it's not something you can set and forget. The regulatory environment is actively tightening, enforcement is increasing, and the penalties are serious enough to cause real damage to a clinic's finances and reputation.

The good news: most breaches stem from a small number of common mistakes. Fix those and you eliminate the majority of your risk.

If you want to know where your clinic's advertising currently stands, AHCRA's website compliance audit checks your public-facing content against both TGA and AHPRA advertising rules. It flags specific issues with specific recommendations, so you know exactly what to fix and why.

You can also explore the AHCRA platform for ongoing compliance monitoring, or get in touch to talk through your clinic's specific situation.

Sources

TGA, "Advertising therapeutic goods," Therapeutic Goods Administration, accessed March 2026. https://www.tga.gov.au/advertising-therapeutic-goods
Australian Government, "Therapeutic Goods Advertising Code 2021," Federal Register of Legislation. https://www.legislation.gov.au/Series/F2021L00843
TGA, "Social media and advertising therapeutic goods," Therapeutic Goods Administration, accessed March 2026. https://www.tga.gov.au/social-media-and-advertising-therapeutic-goods
TGA, "Advertising complaints," Therapeutic Goods Administration, accessed March 2026. https://www.tga.gov.au/advertising-complaints