On 5 November 2025, the Therapeutic Goods Administration (TGA) released updated guidance about advertising therapeutic goods on social media. So, what’s new with this update?
Technically, nothing. The advertising laws haven’t changed.
How the updated TGA guidance on social media advertising helps
What the updated TGA guidance on social media advertising does is clarify the TGA’s expectations around advertising in social media. In particular:
- Therapeutic goods advertising on social media is subject to the advertising laws. This includes the prohibition on advertising prescription medicines to consumers.
- There are no exceptions for advertising on particular social media platforms or for certain types of media (e.g. podcasts, livestreaming).
- Links, tags and hashtags form part of the advertisement so they also must comply.
- Advertising to closed groups on social media, if they consist of consumers, must still comply with the advertising laws.
- Social media account holders are responsible for the advertising they create or manage. This includes content generated on their behalf by an influencer or content creator.
- Content owners need to moderate comments and remove any that cause non-compliance.
- Product reviews on the content owner’s page or website must comply with the advertising requirements for testimonials and endorsements.
- Content owners need to review comments for potential adverse events from the use of a therapeutic good and take action.
- Even historical social media content is required to comply with these laws.
The guidance includes information on when content is likely to be advertising and tips on common compliance traps. (For example, omitting the mandatory statements when livestreaming.) Tips are also provided for using social media to release corporate information and promote participation in clinical trials without also promoting a therapeutic good.
Of interest, the TGA provides some brief advice for advertisers wanting to address misinformation about their products on social media. The TGA encourages it but if the response is an advertisement, it needs to comply with the advertising laws. Importantly, the TGA states that the response is less likely to be considered advertising if it is balanced, non-promotional, and focuses on addressing the specific piece(s) of misinformation.
Limitations of guidance
The TGA releases guidance to signal to businesses it regulates how it interprets and applies the therapeutic goods legislation. (This includes the advertising laws.) The TGA may also refer to published guidance when taking court action, to demonstrate it has clearly communicated its expectations. However, any enforcement action the TGA takes (infringement notices, court action) will always be grounded in the legislation. So, it’s essential that advertisers ensure their content complies with the TGA’s advertising laws.
The updated TGA guidance on social media advertising is a useful resource. It helps clarify which content is likely to be captured as advertising and provides tips on avoiding common compliance pitfalls. But it is not a complete list of everything advertisers need to comply with. The TGA does provide a checklist to help advertisers identify all relevant legislative provisions. However, it can be difficult for businesses to translate this to their activities. And the TGA won’t provide specific advice to businesses on applying the laws – it will only provide general guidance on the provisions and a link to published guidance.
That’s where Seeside Advisory can help. We can review advertisements and advise of specific changes needed for compliance with the advertising laws. We can also explain the advertising laws to advertisers to enable future in-house compliance checks. Or even get involved at the conceptual stage, to ensure a compliant advertising outcome. Get in touch with us today to find out how we can help you.