Australian influencers can still promote therapeutic goods under TGA code

Mariam Cheik-Hussein
By Mariam Cheik-Hussein | 1 March 2022
 

Influencer marketing body AiMCO has clarified confusion around a recent update to the Therapeutic Goods Administration (TGA) Social Media Guide which restricts how influencers can advertise therapeutic goods.

The TGA update brings the rules for influencers in line with all advertising for therapeutic goods.

The update prohibits influencers from making testimonials about therapeutic goods, but still allows for paid posts.

“Recent media reports have incorrectly indicated that: ‘influencers won’t be paid for posts advertising: skincare, sunscreens, protein powders, vitamins, supplements, skincare for acne, medicines and skin lightening products.’,” AiMCO says in a statement.

“However, the updated TGA does not ban promotion of these items by influencers, rather this brings the rules for influencers in line with all advertising for therapeutic goods; influencers fall under the same long standing TGA requirements as other advertising formats.

“The key consideration with regard to application of the code hinges on the interpretation of endorsement versus testimonials, as the latter are banned and have always been for therapeutic goods under the TGA Code.”

Advertisers have until June 30 to adopt the current code. The code requires all testimonials that are in breach to be taken down by July 1.

Under the new code, comments influencers make about their personal experience with therapeutic goods amounts to a testimonial which is not permitted by those involved in the production, sale, supply, or marketing of the goods.

Influencers must also understand what the approved purpose of the good is and must not advertise the good for a purpose other than that.

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