1. What is the TGA and who does it cover?
The Therapeutic Goods Administration (TGA) is Australia's regulatory authority for therapeutic goods — medicines, medical devices, biologicals, and related products. It operates under the Therapeutic Goods Act 1989 and sets strict rules for how these products can be advertised to consumers.
If your business promotes any of the following, TGA advertising rules apply to you:
- Prescription and over-the-counter medicines
- Medical devices (including cosmetic injectables such as anti-wrinkle treatments)
- Complementary health products (vitamins, supplements, herbal remedies)
- Medical procedures that involve listed therapeutic goods
- Skincare products making therapeutic claims
Grey area alert: Many aesthetic clinics advertise "skin treatments" or "body sculpting" without realising their copy triggers TGA oversight. If your ad mentions a health outcome — tighter skin, fat reduction, pain relief — the TGA is likely interested.
2. The Therapeutic Goods Advertising Code (TGAC)
The Therapeutic Goods Advertising Code 2021 is the primary instrument setting out what advertisers can and cannot say about therapeutic goods. It applies to all advertising channels: social media, websites, radio, TV, printed brochures, and email.
Key principles of the TGAC:
- Truthful and not misleading: Every claim must be accurate and supported by evidence.
- Not exploiting anxiety or fear: Ads cannot create undue alarm about health conditions to drive sales.
- No claims of guaranteed outcomes: You cannot promise results — individual responses to treatments vary.
- No endorsements by healthcare professionals for most consumer-advertised therapeutic goods.
- Mandatory information: Certain products require specific disclosures (e.g., "Always read the label").
The full TGAC 2021 is available on the Federal Register of Legislation. It runs to 42 pages — ClearAd's AI is trained on its full text so you don't have to read it yourself.
3. Prohibited claims and common violations
In our analysis of hundreds of Australian healthcare ads, these are the most frequently violated rules:
Absolute and comparative claims
❌ Violates TGA
"Australia's #1 laser clinic" · "Best results guaranteed" · "The most effective treatment available" · "100% success rate"
✅ Compliant
"Experienced team of registered practitioners" · "Results vary — book a consultation to discuss your goals" · "Clinically studied formulation"
Outcome guarantees
❌ Violates TGA
"Guaranteed to clear acne in 3 sessions or your money back" · "Zero side effects, zero risk" · "Permanent fat removal — results guaranteed"
✅ Compliant
"Most clients see noticeable improvement within 4–6 sessions — individual results vary" · "Side effects are uncommon; your practitioner will discuss risks at consultation"
Fear-based and anxiety-exploiting copy
❌ Violates TGA
"If you don't treat this now, it will only get worse" · "Don't let untreated skin damage ruin your confidence forever"
✅ Compliant
"Early treatment can help manage the appearance of sun damage — speak to one of our practitioners to learn your options"
Price-based urgency claims
❌ Violates ACL + TGA
"50% OFF — today only! Prices go up tomorrow!" · "Only 2 spots left at this price — book NOW"
✅ Compliant
"Introductory pricing available until 30 September 2025 — enquire to confirm eligibility" · "Limited consultation slots available — book online"
4. Before and after photo rules
Before/after photographs are one of the highest-risk content types in Australian healthcare advertising. The TGAC and AHPRA guidelines set strict conditions:
- Must not imply results are typical or guaranteed
- Must include a clear disclaimer: "Individual results vary"
- Must not be digitally altered in ways that exaggerate the result
- Must not use images of children in therapeutic goods advertising
- Must represent a real patient under your clinical care, with consent
- For some regulated goods (e.g., prescription injectables), before/after photos are outright prohibited
Stock "before/after" images from shutterstock or free image sites are illegal in this context — they don't represent real patients under your care and are almost certainly misrepresenting outcomes. TGA and AHPRA have issued formal warnings about this practice.
5. Testimonials and endorsements
Patient testimonials in therapeutic goods advertising are heavily restricted. Under the TGAC:
- Testimonials must be genuine — paid or incentivised reviews require disclosure
- Cannot imply the experience is typical without robust clinical evidence
- Celebrity or influencer endorsements of prescription products are prohibited
- Healthcare professional recommendations must comply with separate AHPRA rules
- The TGA has specific rules about using "patient stories" on social media that many clinics inadvertently breach
Social media posts count as advertising. Instagram stories, Facebook posts, TikTok videos, and Google reviews that you reshare on your clinic's channels are all subject to TGA/AHPRA advertising rules — even if the original content was created by a patient.
6. Penalty scale — what it costs to get it wrong
The TGA has significantly strengthened its enforcement powers under amendments to the Therapeutic Goods Act. Non-compliance is no longer just a reputational risk:
| Offence Type | Maximum Penalty (Individual) | Maximum Penalty (Corporation) | Risk Level |
|---|---|---|---|
| Advertising prohibited therapeutic goods to consumers | $220,000 | $1.1M | CRITICAL |
| Making false or misleading claims | $220,000 | $1.1M | CRITICAL |
| Advertising prescription-only medicine to public | $220,000 | $1.1M | CRITICAL |
| Testimonials without required disclosures | $44,400 | $222,000 | HIGH |
| Failure to include mandatory statements | $13,320 | $66,600 | MEDIUM |
| Minor labelling / formatting violations | Infringement notice | Infringement notice | LOW |
The TGA doesn't send warning letters first. Since 2018, the TGA has been actively investigating complaints from competitors, consumer advocacy groups, and members of the public — and can issue infringement notices and seek court orders without prior notice.
7. What compliant advertising looks like
Compliant Australian healthcare advertising isn't just about what you remove — it's about how you frame your messaging to be both engaging and legally sound.
Core compliance principles:
- Evidence-based language: "Clinically studied", "peer-reviewed", "evidence-based approach"
- Consultation-first framing: "Book a consultation to determine if this treatment is right for you"
- Qualification disclosure: Name your practitioners' registration bodies (AHPRA registration number helps)
- Realistic outcome language: "Individual results vary", "most clients notice improvement after X sessions"
- Transparent pricing: State full price ranges, not just "from $X" without disclosure
8. Pre-publish compliance checklist
Run through this checklist before publishing any healthcare ad, landing page, or social post:
- ☐ No absolute claims ("best", "guaranteed", "100%", "#1")
- ☐ No outcome guarantees — all results qualified with "individual results vary"
- ☐ Before/after photos show real patients with consent — not stock images
- ☐ Testimonials are genuine — no incentivised reviews without disclosure
- ☐ Pricing claims are complete — no "from $X" without full disclosure
- ☐ No fear-based urgency language
- ☐ Practitioner qualifications and AHPRA registration stated or accessible
- ☐ Social media posts shared from patients have consent and appropriate context
- ☐ Product-specific mandatory statements included (if applicable)
Instant TGA Advertising Compliance Check
Paste your therapeutic goods ad, supplement claim, or medical device copy — ClearAd's AI flags prohibited therapeutic claims, missing mandatory statements, and Schedule 4 / Schedule 8 advertising breaches with specific fix suggestions.
Check My TGA Ad Free — 5 Checks Included →No credit card required · Covers TGA Advertising Code 2021, Therapeutic Goods Act 1989 & ACL