2022 Changes To The Therapeutic Goods Advertising Code (Updated 2026)

Advertising therapeutic goods in Australia can feel like walking a tightrope.

On one hand, you want to explain why your product works and why customers should choose you. On the other hand, therapeutic goods advertising is heavily regulated, and the rules can apply even when you’re “just posting on Instagram” or “sharing a customer story”.

In 2022, the Therapeutic Goods Advertising Code (the Code) was updated, with changes aimed at improving consumer protections and addressing modern advertising channels (especially social media, endorsements and testimonials). By 2026, the expectations around evidence, transparency and online promotions have only increased.

This guide breaks down what changed in 2022, what those changes mean for your business in practice, and how to build a practical compliance approach you can actually run with day to day.

Note: This article is general information for Australian businesses and doesn’t replace tailored legal advice for your situation.

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What Is The Therapeutic Goods Advertising Code (And Who Needs To Care)?

The Therapeutic Goods Advertising Code sets rules for how therapeutic goods can be advertised in Australia. In plain English, it’s about making sure therapeutic goods advertising is:

• truthful (no misleading claims)
• balanced (not creating unreasonable expectations)
• socially responsible (especially where vulnerable consumers may be influenced)
• supported by appropriate evidence

These rules can apply to a wide range of products and businesses, including (depending on classification and context):

• supplements and vitamins
• herbal and complementary medicines
• sports nutrition products
• certain personal care products with therapeutic claims
• medical devices (including some wellness devices, depending on claims)
• online stores, marketplaces and subscription models selling therapeutic goods
• clinics and health service businesses that advertise therapeutic goods alongside services

It’s also important to remember that “advertising” is broader than paid ads. It can include:

• your website copy (including FAQs and landing pages)
• social media posts, stories and reels
• email campaigns and SMS marketing
• influencer content you approve, repost or coordinate
• before-and-after images (where relevant)
• customer testimonials you feature
• podcast sponsorship reads and affiliate marketing copy

And because therapeutic goods advertising sits alongside consumer protection law, you also need to think about Australian Consumer Law (ACL) compliance. In practice, the same risky behaviour (like exaggerating results) can trigger multiple issues at once - both under the Code and under the general prohibition on misleading or deceptive conduct.

For a straightforward explanation of misleading or deceptive conduct risk (which often overlaps with advertising issues), elements of misleading or deceptive conduct is a useful starting point.

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What Changed In 2022 (And Why It Matters In 2026)?

The 2022 update to the Code wasn’t just a “tidy up”. It reflected how Australians actually receive health-related messaging now: quickly, visually, and often through personal brands and community recommendations.

While the exact application can depend on the product type, claims being made and the advertising format, the practical direction of the 2022 changes can be summarised like this:

• Stronger guardrails around testimonials and endorsements (especially where they imply outcomes or encourage inappropriate use)
• More attention on vulnerable consumers and the way fear, urgency or emotional triggers can influence purchasing decisions
• Clearer expectations for evidence supporting claims (particularly “health benefit” claims)
• Greater scrutiny of modern digital advertising techniques, like influencer marketing, short-form video, and “educational” content that functions like an ad

By 2026, these themes matter even more because:

• social commerce and influencer-led marketing are mainstream
• customers expect quick “proof” (screenshots, DMs, reviews, before-and-afters), which can create compliance traps
• regulators have become more comfortable investigating online advertising (including posts that disappear after 24 hours)
• AI-generated content makes it easier to publish at scale - and easier to accidentally publish non-compliant claims at scale

If you’re operating in this space, the big mindset shift is this: marketing creativity can’t outpace your compliance process. You need a clear approval pathway and repeatable rules for what your team (and collaborators) can and cannot say.

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The Biggest Compliance Pressure Points: Testimonials, Influencers, And Social Media

If you’re a small business, you’re likely not running TV ads. You’re probably selling through:

• Instagram / TikTok
• Meta ads
• Google Ads
• email funnels
• affiliate or influencer partnerships

That’s exactly where the biggest compliance risks tend to sit, because the “line” between education, storytelling and advertising gets blurry fast.

1) Testimonials Can Turn Into “Claims”

Testimonials are powerful because they’re personal. But for therapeutic goods, personal stories can easily cross into “this product will do X” territory - particularly if the story suggests the product:

• treats, cures or prevents a serious condition
• works as a substitute for medical advice or treatment
• delivers guaranteed outcomes
• works for everyone

Even if the customer wrote it (not you), featuring it in your marketing may still be treated as part of your advertising. In other words: if you repost it, you may “own” it.

2) Influencer Partnerships Are Still Your Responsibility

A common misunderstanding is: “The influencer posted it, not us.”

But if your business is involved - by paying, gifting, scripting, approving, briefing, reposting, or providing key selling points - the content can become your advertising from a regulatory perspective. This is why you need written expectations and a practical sign-off process before content goes live.

You also need to think about general marketing compliance rules that apply alongside the Code - for example, if you’re building email funnels or running promotional campaigns. If email is part of your strategy, it’s worth checking your approach against email marketing laws so your compliance doesn’t stop at therapeutic goods rules.

3) “Educational Content” Can Still Be Advertising

Many brands try to avoid risk by presenting content as education: “5 ways to support your gut health” or “what to look for in a magnesium supplement”. That can be a legitimate content strategy.

But if the content’s real purpose (or effect) is to promote your product - particularly if it links directly to the product, includes discount codes, or repeatedly highlights your brand as the solution - it may still be treated as advertising and need to meet the Code.

A good internal rule is: if it helps sell the product, treat it like an ad and run it through your checks.

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Claims, Evidence, And “Before And After” Style Marketing: How To Avoid The Common Traps

Most enforcement issues in therapeutic goods advertising come back to one core problem: the claim goes further than the evidence can support.

That doesn’t always look like “cure cancer” claims. It can be subtle, like:

• implying a product works faster than it does
• implying results are typical when they’re not
• suggesting an outcome is guaranteed
• using broad phrases like “clinically proven” without clarity
• using scientific language to create an impression of certainty

Be Especially Careful With Implied Claims

Sometimes you don’t expressly say “this treats X”, but the overall impression does the work for you - through imagery, hashtags, testimonial wording, or “pain point” storytelling.

If a reasonable consumer could take away a stronger message than you intended, you may still have a compliance problem.

This is where the ACL overlaps heavily with therapeutic goods rules. In general consumer law terms, you’re looking at whether your advertising creates a misleading impression. If you want a practical grounding here, section 18 of the Australian Consumer Law is the key prohibition (and it applies well beyond therapeutic goods).

Support Claims With Evidence You Can Produce

A strong compliance habit is to treat every key marketing claim like it has an “evidence file” behind it. That file should include:

• the exact wording of the claim
• what the claim means in plain English
• the studies, testing or substantiation you rely on
• limitations and context (for example, dosage assumptions or population limitations)
• who reviewed and approved it internally

That way, if a platform, competitor, or regulator questions the claim, you’re not scrambling to justify it after it’s already published and widely shared.

Discounts, “Bundles” And Price Displays Still Need To Be Clear

Therapeutic goods businesses often run promotions - subscription discounts, bundles, “buy 2 get 1 free”, introductory offers, and limited-time pricing.

Even if your therapeutic claims are compliant, you can still create legal risk if pricing is presented in a confusing way (for example, unclear conditions, inflated “was” prices, or incomplete price representations).

This is where general pricing rules matter. If your marketing includes price comparisons or promotional pricing, keep your approach consistent with advertised price laws so customers aren’t misled about what they’ll actually pay.

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A Practical Compliance Checklist For Therapeutic Goods Advertising (2026-Ready)

Compliance doesn’t have to mean slow marketing. The goal is to make it repeatable, so your team can move quickly without improvising legal risk into every campaign.

Here’s a practical checklist many small businesses can adapt.

1) Map Your Advertising Channels

List every place your advertising appears, including “semi-owned” channels like influencer accounts and affiliates:

• website (product pages, FAQs, blog content)
• Meta ads / Google Ads
• Instagram, TikTok, YouTube
• email and SMS
• marketplace listings (where applicable)
• podcasts, events, sponsorships

This helps you audit systematically instead of trying to remember everything after the fact.

2) Create A “Red Flag Claims” List

For your business, write down words/phrases that should trigger review before publishing. This often includes:

• “cure”, “treat”, “prevent” (and close alternatives)
• “guaranteed”, “works every time”, “instant”
• “clinically proven” (unless you can clearly substantiate)
• references to serious diseases or conditions
• comparisons to prescription medicines or medical treatments

Then train your team: if a draft includes these, it can’t go live until reviewed.

3) Build A Simple Approval Workflow

Even if you’re a small team, you can set up a two-step check:

• Marketing check: Does this align with our brand voice and conversion goals?
• Compliance check: Are the claims supportable, appropriately framed, and not likely to mislead?

If you use agencies, contractors or influencers, you’ll also want your contracts and briefs to reflect the workflow (including who can approve content, what happens if content must be taken down, and who wears the cost of rework).

4) Document Your Substantiation (Don’t Just “Have It Somewhere”)

If you ever need to defend an ad, it helps to have evidence organised and easy to retrieve. A shared internal folder with:

• claim wording
• supporting materials
• approval notes
• version history

…can save huge time (and stress) later.

5) Keep Your Customer Data And Marketing Stack Compliant

Most therapeutic goods brands run online stores and collect personal information - names, emails, delivery addresses, purchase history, and sometimes health-related context via quizzes or consultations.

Even if you’re not a “big corporate”, privacy compliance still matters. If your website collects personal information, you’ll generally want a Privacy Policy that clearly explains what you collect, why you collect it, and who you disclose it to (like fulfilment providers and marketing platforms).

This doesn’t replace therapeutic goods advertising compliance, but it strengthens your overall legal footing and builds customer trust.

6) Audit Older Content (Because 2022 Rules Affect 2026 Websites)

A lot of risk comes from “old” content:

• legacy product descriptions that were written before your business scaled
• old testimonials still sitting on your website
• blog content that reads like medical advice
• affiliate swipe copy that’s been reused for years

Doing a quarterly audit (even if it’s only a few hours) helps you catch issues before they become a complaint.

7) Make Sure Your ACL Position Is Consistent With Your Code Position

One of the simplest ways to reduce risk is to assume this rule: if something would be risky under the Code, it’s probably risky under the ACL too.

In particular, promotional statements should be reviewed through the lens of accuracy and consumer impression, especially where health benefits are implied. Depending on the type of statement, section 29 of the Australian Consumer Law can also be relevant (it targets false or misleading representations about goods and services).

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Key Takeaways

• The 2022 changes to the Therapeutic Goods Advertising Code increased scrutiny on modern marketing behaviours, especially testimonials, endorsements, and social media advertising.
• By 2026, regulators and platforms are more active in monitoring online claims, and businesses need repeatable internal approval processes.
• Therapeutic goods advertising compliance often overlaps with Australian Consumer Law obligations, particularly around misleading impressions and claim substantiation.
• Influencer and affiliate marketing can still be treated as your advertising if your business is involved in briefing, approval, payment, gifting or reposting.
• Practical compliance means building a “claims evidence file”, setting red-flag wording rules, auditing older content, and keeping pricing and promotions clear.
• Strong legal foundations (including privacy and marketing compliance) help protect your brand, reduce complaints, and build long-term customer trust.

If you’d like help reviewing your therapeutic goods advertising approach or setting up a compliance process for your campaigns, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.