Advertisers are risking $1.65m fines per breach if they don’t comply with the Act, says the Administration.
The Therapeutic Goods Administration has updated its guidance on advertising therapeutic goods on social media to help advertisers to understand their responsibilities when promoting therapeutic goods via these platforms.
The move comes in the wake of recent controversial advertising campaigns from online telehealth platforms such as Pilot and Eucalyptus.
Pilot used the run up to Father’s Day to encourage its 15,000 Instagram followers to “gift” their father the company’s erectile dysfunction treatments instead of a more traditional gift.
“Father’s Day is right around the corner,” an actor says to the camera. “So if you love your dad, don’t get him socks or a tie, get him something he really wants; get your dad a boner this Father’s Day, with Pilot.
“Pilot’s erectile dysfunction treatments are a great gift for dads everywhere, and if they play their cards right, a great gift for mums too.”’
The TGA update encouraged all advertisers to review their social media content, both historical and newly posted, to ensure compliance with the advertising requirements.
“While social media offers powerful opportunities for consumer engagement, any content that promotes the use or supply of therapeutic goods is considered advertising and must comply with regulatory requirements under the Therapeutic Goods Act 1989 (the Act),” said the TGA.
“The TGA is addressing the increase in unlawful advertising on social media, in which businesses, health services and social media influencers are promoting prescription-only medicines such as Ozempic and cosmetic injectables, including Botox.
“These posts often use images, nicknames, hashtags and influencer-style endorsements to promote the goods.”
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The updated guidance incorporates feedback and frequently asked questions from a broad range of stakeholders. It explains:
- types of social media activities that may be considered advertising;
- legal responsibilities of advertisers, including influencers and account holders;
- common compliance issues and how to avoid them, such as ensuring correct use of mandatory health warnings; and
- how to use testimonials and endorsements compliantly.
“The TGA actively monitors online content for potentially unlawful advertising of therapeutic goods, and collaborates with various digital platforms to identify and address alleged breaches when they occur,” said the agency.
“In the 2024-25 financial year, the TGA requested the removal of over 13,700 unlawful advertisements from digital platforms.
“The TGA also use powers under the Telecommunications Act 1997, which require internet service providers to block access to certain sites if they are found to be in breach of the Act.
“Where serious non-compliance with the Act is identified, the TGA will take enforcement action in accordance with our regulatory compliance framework.
“This may include issuing infringement notices, directions or prevention notices, or initiating civil or criminal proceedings.
“The penalties that can be imposed for breaches of the Act include civil penalties of up to $1.65 million per breach for individuals or $16.5 million per breach for corporations, fines or imprisonment.”
