The TGA does NOT regulate:
* veterinary medicines
* health insurance
* healthcare professionals
The regulations in question only pertain to therapeutic goods and treatments, those specifically registered with the TGA.
This does NOT include skincare, other than that which is registered with the TGA.
For example, sunscreen and products claiming therapeutic benefits, such as hydroquinone for skin lightening ARE included.
Skincare products such as cleansers, moisturisers, serums etc, that are not registered with the TGA are NOT included.
However, if the advertiser or influencer is claiming therapeutic benefits for non-therapeutic products this is where it crosses over into regulated territory. An advertiser and influencer cannot claim therapeutic benefits for a product or treatment that is not listed as therapeutic with the TGA, regardless of whether they are being paid or not.
Non-therapeutic products or treatments specifically cannot claim to lighten the skin, treat acne, or tighten the skin, as these are considered therapeutic benefits. For a full list of advertising do's and don'ts visit the TGA website HERE
So, for clarity, you and your influencer are NOT permitted to say “this product has tightened my skin” for example, if it is not listed with the TGA as doing so.
If the product is listed with the TGA then your influencer is not permitted to take payment in exchange for a testimonial, including a before and after photo with a testimonial.
If your product is not listed with the TGA then your influencer is permitted to take payment in exchange for a testimonial or before and after photo. they just cannot claim a therapeutic benefit, as above.
Furthermore, if your salon, clinic or your influencers are advertising treatments (even on social media) that are registered with the TGA, then you are required to follow TGA guidelines for advertising.
These guidelines have always been in place, they have only been revised for clarity and to specifically include influencers to avoid confusion.
Please see the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 - Specifically part 6, section 24 for more information.
If you have any questions please email us on [email protected]