Can cosmetic clinics use before and after photos in Australia?
CompliGUARD reviews this compliance area against TGA · AHPRA · FSANZ · ACCC frameworks for Australian health brands — here's what the regulations say.
Yes, but only under conditions that most published before-and-after content does not meet — and adding a 'results may vary' disclaimer does not make a non-conforming image compliant.
The rule: Ahpra Guidelines for advertising higher risk non-surgical cosmetic procedures, s.5.4.1–5.4.5, s.5.3, s.3.1 (in effect 2 September 2025)
Since 2 September 2025, advertising of higher risk non-surgical cosmetic procedures in Australia has been governed by a dedicated Ahpra guideline that is considerably stricter than the general advertising rules. It applies by name to botulinum toxin injections, dermal fillers, thread lifts, sclerotherapy, platelet-rich plasma procedures, hair transplants, injection lipolysis and dental veneers. Before-and-after images must satisfy five conditions under s.5.4, and they are cumulative — failing any one of them is a breach, not a partial pass. Separately, s.5.3 requires a prominent warning on all imagery intended to show procedure outcomes, stating that the outcomes shown are relevant only to that patient. That warning is a floor, not a cure: it does not rescue an image that fails s.5.4.
What this means in practice
- Both images must be genuine (s.5.4.1) — actual patients, and the procedure must have been performed by the practitioner doing the advertising. Stock models and supplier-provided imagery fail immediately.
- The before image must lead (s.5.4.2). The first or most prominent image a viewer sees must be the before image or a combined composite. Leading with the after image is a breach on its own.
- Conditions must match (s.5.4.3) — content, lighting including flash, camera angle, background, framing, exposure, posture, clothing and makeup. Different lighting or fresh makeup in the after shot is the single most common failure.
- No editing (s.5.4.4). No filters, no retouching, no grey-scaling. Editing can mislead by enhancing the result or hiding bruising.
- State the timing (s.5.4.5). Specify how long after the procedure the after image was taken.
- The image also cannot carry a patient statement about the result (s.3.1), name the patient or link to their social accounts (s.5.7.6), or sit under captions such as 'perfect', 'instant' or 'ideal' (s.5.7.5).
Common mistakes
Adding a disclaimer to a non-conforming image
Clinics read s.5.3, add 'results may vary', and assume the post is fixed. The warning satisfies s.5.3 only. An image failing any part of s.5.4 stays non-compliant.
Remove or archive the image instead. Where every s.5.4 condition is genuinely met and no patient statement is attached, the image may remain with the s.5.3 warning applied.
Posting the after image first
It is the natural marketing instinct and it breaches s.5.4.2 directly, even where the images are genuine, unedited and matched.
Lead with the before image, or use a combined composite as the first or most prominent image.
Re-sharing a patient's own before-and-after post
Under s.3.5 a practitioner is considered to have used a testimonial when they re-share patient content, or even like or respond to reviews. The content does not have to originate with the clinic.
Do not re-share, like or reply to patient outcome content. Consider disabling reviews, comments or tagging under s.3.6.
Compliant vs non-compliant example
❌ NON-COMPLIANT
Adding a disclaimer to a non-conforming image
✅ COMPLIANT
Remove or archive the image instead. Where every s.5.4 condition is genuinely met and no patient statement is attached, the image may remain with the s.5.3 warning applied.
The enforcement context
Ahpra has run a Cosmetic Surgery Enforcement Unit with a dedicated advertising compliance team since September 2022, and had proactively audited the advertising of more than 120 doctors and clinics by April 2024. Advertising complaints assessed across all regulated health services rose from 380 in 2022/23 to 775 in 2024/25. Most advertising matters begin as a correction letter with around 30 days to fix; registered practitioners who do not correct may face conditions on their registration, and corporate or unregistered advertisers may be prosecuted. Because many of these procedures involve prescription-only medicines, a second regulator is usually engaged at the same time — the TGA requested removal of over 13,700 unlawful advertisements from digital platforms in 2024–25.
Before you publish, check it.
CompliGUARD reviews cosmetic procedure advertising against the Ahpra higher risk cosmetic procedures guidelines, the December 2020 Ahpra Advertising Guidelines and the Therapeutic Goods Advertising Code 2021 automatically, returning a low, medium or high risk assessment with the clause behind every finding.
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Regulatory references
- Ahpra Guidelines for advertising higher risk non-surgical cosmetic procedures, in effect 2 September 2025 — s.3.1, s.3.5, s.5.3, s.5.4.1–5.4.5, s.5.7.5, s.5.7.6
- Ahpra Guidelines for advertising a regulated health service, December 2020 — s.4.3, s.4.4.1
- Health Practitioner Regulation National Law, s.133
- Therapeutic Goods Advertising Code 2021