Aesthetic and cosmetic clinics face some of the strictest advertising regulations in Australia. The combination of TGA restrictions on prescription injectables, AHPRA's 2025 before/after photo rules, and the ACL's misleading conduct provisions creates a compliance minefield that catches even experienced marketers off guard.
This guide covers every rule your clinic needs to know — with real examples of what you can and cannot say.
1. TGA — The Injectable Advertising Ban
This is the most significant compliance issue for aesthetic clinics in Australia. Under TGA Act s.42DL, it is a criminal offence to advertise Schedule 4 (prescription-only) or Schedule 8 (controlled) medicines to the general public.
Cosmetic injectables — including botulinum toxin products and most dermal fillers — are Schedule 4 substances. This means they cannot be named, referenced, or implied in any consumer-facing advertising.
ALL of the following are prohibited by TGA Act s.42DL:
Brand names: Botox, Dysport, Xeomin, Juvederm, Restylane, Sculptra, Profhilo
Generic names: botulinum toxin, hyaluronic acid filler, poly-L-lactic acid
Nicknames: anti-wrinkle injections, wrinkle relaxers, dermal fillers, lip fillers, filler
Hashtags: #botox, #antiwrinkle, #dermalfillers, #lipfiller
Implied references: "our signature injectable treatment", "the injection everyone's talking about"
The TGA's position is clear: if a reasonable consumer would understand the content to be promoting a prescription injectable substance, it is prohibited — regardless of how indirect or clever the wording is.
What Can You Advertise Instead?
Clinics should advertise the consultation service, not the specific products used. Focus your advertising on:
- Cosmetic consultation appointments
- General cosmetic medicine services (without naming specific substances)
- Practitioner credentials and qualifications
- Clinic environment and patient experience
- General facial aesthetic services ("facial rejuvenation", "non-surgical facial treatments")
Important: Booking forms and service menus on your website are also advertising under the TGA. A booking page listing "Botox — $12/unit" is a TGA violation even if it's behind a login screen or in a "pricing guide" PDF.
2. AHPRA Before & After Photo Rules (2025)
AHPRA's guidelines, updated and strengthened in September 2025, set strict requirements for before/after comparison images in cosmetic procedure advertising.
Before/after images are permitted for higher-risk cosmetic procedures only when ALL of the following conditions are met:
| Requirement | What It Means |
|---|---|
| Genuine patient | Both images must be actual photos of a real patient treated by that specific practitioner — not stock photos, not another clinic's results |
| Unedited & unfiltered | No Facetune, filters, brightness adjustments, or retouching of any kind |
| Identical conditions | Same lighting, angle, camera distance, background, clothing, hair position, and makeup (or no makeup for both) |
| Equal prominence | "Before" image must be displayed at least as prominently as "after" — cannot make "after" larger or more eye-catching |
| Outcomes disclaimer | A prominent disclaimer must state that outcomes vary and are individual (must be clearly visible, not fine print) |
| Separate consent | Patient must have given a separate, specific consent form for advertising use — treatment consent forms are not sufficient |
Absolutely prohibited:
AI-generated before/after images (including apps that show "predicted results")
Digitally manipulated or enhanced before/after images
Using another clinic's or practitioner's patient photos
Sexualised images (lingerie, nudity, poses suggesting sexual readiness)
Entertainment-style content (music montages, dancing, viral-style procedure videos)
Emojis on or in response to procedure outcome images
3. Testimonial & Review Restrictions
Under National Law s.133(1)(c), testimonials or purported testimonials about the clinical aspects of a regulated health service are strictly prohibited. For aesthetic clinics, this is extremely broad.
Prohibited testimonial types:
- Google reviews mentioning treatment outcomes ("My lips look amazing after my filler")
- Instagram captions about a patient's experience ("So happy with my results!")
- Reposts of patient before/after selfies with outcome comments
- Video testimonials from patients about their treatment results
- Star ratings specifically tied to clinical outcomes
- Case study content describing patient results
What is NOT a testimonial (permitted):
- Comments about parking, waiting room, staff friendliness
- General reviews about the clinic experience not linked to clinical outcomes
- Practitioners describing their own qualifications and approach
Note on influencers: If you pay or provide free treatment to an influencer in exchange for posting about their results, that post is a testimonial under National Law s.133(1)(c) and you as the practitioner are responsible for ensuring it complies — even if the influencer posts it independently.
4. Instagram, TikTok & Social Media Rules
All of the above rules apply fully to social media. AHPRA's 2025 guidelines added specific social media requirements:
- Adult content tagging: All social media posts about cosmetic procedures must be tagged as "adult content" on the platform
- Targeting restrictions: Must not target or direct cosmetic procedure advertising at people under 18. This includes not using demographic targeting to reach under-18s in paid ad campaigns
- Entertainment content ban: Music-backed montages of procedure footage, dancing while injecting, "satisfying" injection reels — all prohibited for higher-risk procedures
- Emoji restriction: Emojis placed on or in response to cosmetic procedure outcome images are prohibited (considered to trivialise procedures)
- Automated appearance tools: Apps or filters showing "predicted results" of cosmetic procedures are prohibited in advertising
5. Pricing & Discount Advertising
Two separate rules apply to pricing in aesthetic clinic advertising:
TGA — Injectable Pricing (s.42DL): Price lists for cosmetic injectables (e.g. "$12/unit", "$500/syringe", "fillers from $650") are prohibited in consumer-facing advertising. This is an extension of the injectable advertising ban — listing prices implies advertising the product.
ACL — General Pricing Rules:
- "From $X" pricing must reflect the actual minimum achievable price in normal circumstances — not a theoretical minimum that no patient ever pays
- "Was $X, now $Y" pricing requires genuine prior pricing history over a reasonable period
- Discounts and inducements are permitted under National Law s.133(1)(b) only if the full terms and conditions are clearly stated in the same advertisement
6. Compliant vs Non-Compliant Examples
"Book your Botox today — anti-wrinkle injections from $12/unit. Results that last!"
"Book a cosmetic consultation with our experienced practitioners. Tailored treatment plans for facial rejuvenation."
"Sarah says: 'My lips look incredible after my treatment! 10/10 would recommend Dr Jones!'"
"Our practitioners take time to understand your goals and answer your questions. Book a consultation to discuss what's right for you."
[Before/after photo with heavy filter on "after", no disclaimer, no proof of consent]
[Unedited before/after in identical conditions, with caption: "Individual results vary. Patient consent obtained for advertising use."]
7. Penalties for Non-Compliance
| Regulator | Offence | Maximum Penalty |
|---|---|---|
| TGA | Advertising Schedule 4 injectables to public | $1.1M (corp) / $220K (individual) |
| AHPRA / National Law | Patient testimonials, misleading claims | $120K (corp) / $60K (individual) |
| ACCC / ACL | Misleading or deceptive conduct | $50M (corp) / $2.5M (individual) |
8. Quick Compliance Checklist
Before publishing any aesthetic clinic ad, check:
□ No brand names, generic names, or nicknames for injectables
□ No hashtags referencing injectable products
□ No pricing for injectable treatments
□ Before/after photos are genuine, unedited, same conditions, with disclaimer and separate consent
□ No patient testimonials about treatment outcomes
□ No AI-generated or filtered images
□ No sexualised imagery
□ Social media content tagged as adult content
□ No content targeting under-18s
□ Discount ads include full terms and conditions
□ "From $X" prices reflect genuinely achievable minimums