What advertising rules apply to Western herbal medicine practitioners in Australia?
CompliGUARD reviews this compliance area against TGA · AHPRA · FSANZ · ACCC frameworks for Australian health brands — here's what the regulations say.
CompliGUARD reviews Western herbal medicine advertising against the Australian Consumer Law and TGA Advertising Code. Western herbal medicine practitioners are not registered with AHPRA — meaning advertising is governed by the Australian Consumer Law, the TGA Advertising Code where herbal medicines are promoted, and the advertising standards of professional associations such as NHAA and ATMS. From July 2025, PHI rebate recognition also requires ACL advertising compliance.
The rule: Australian Consumer Law / Therapeutic Goods Advertising Code 2021, ACL s.18 and s.29; TGAC 2021; NHAA/ATMS Member Advertising Standards
Western herbal medicine is not a nationally registered profession under AHPRA. Practitioners using titles such as 'herbalist', 'Western herbalist', or 'herbal medicine practitioner' are not subject to AHPRA's s.133 advertising prohibitions as a matter of law. However, herbal medicine advertising is subject to the ACL's prohibition on misleading conduct, and — critically — where practitioners promote, sell, or recommend herbal medicine products that are Listed Medicines on the ARTG, the TGA Advertising Code 2021 applies in full. Many herbal medicines are Listed Medicines (AUST L). Promoting them without mandatory statements or using claims outside Permitted Indications is a direct TGA breach, regardless of whether the practitioner is AHPRA-registered.
What this means in practice
- Identify which herbal products you promote or sell that hold AUST L numbers — all advertising of these products is subject to TGA Advertising Code requirements.
- For AUST L herbal products: include the AUST number, sponsor name, and 'always read the label and follow the directions for use' in all advertising.
- Ensure herbal medicine health claims stay within TGA Permitted Indications for listed ingredients — do not make claims that exceed what the ARTG listing permits.
- Apply ACL substantiation standards to all claims about herbal medicine services — health outcome claims must be capable of substantiation by peer-reviewed evidence.
- For PHI rebate recognition (Western herbal medicine is a reinstated modality from July 2025): review all advertising for ACL compliance before applying for fund recognition.
Common mistakes
Making disease treatment claims for herbal products or services
Claims that herbal medicine treats, cures, or prevents specific diseases — without those claims being within TGA Permitted Indications for listed herbal ingredients — are both TGA Advertising Code breaches (for Listed Medicine products) and potentially misleading under ACL s.18 (for services).
Restrict herbal product advertising claims to TGA Permitted Indications. For service advertising, frame herbal medicine as a complementary health modality without implying treatment of diagnosed medical conditions.
Promoting compounded herbal formulations without regulatory clarity
Custom compounded herbal formulations — blended specifically for a patient — may not be Listed Medicines and therefore do not hold ARTG listings. Advertising them with efficacy claims implies TGA-assessed efficacy that does not exist.
Do not make efficacy claims for custom-compounded herbal formulations in advertising. Describe the practitioner's herbal medicine practice without implying the specific formulations have been TGA-assessed.
Ignoring TGA mandatory statements because 'it's a herb, not a drug'
Herbal medicines listed on the ARTG are therapeutic goods regulated under the TGA Advertising Code — the natural or traditional origin of the ingredients does not create an exemption from mandatory statement requirements.
Apply TGA mandatory statement requirements to all AUST L herbal products promoted in advertising. The product's herbal nature is irrelevant to TGA compliance obligations.
Compliant vs non-compliant example
❌ NON-COMPLIANT
Making disease treatment claims for herbal products or services
✅ COMPLIANT
Restrict herbal product advertising claims to TGA Permitted Indications. For service advertising, frame herbal medicine as a complementary health modality without implying treatment of diagnosed medical conditions.
The enforcement context
The TGA has pursued herbal medicine practitioners and natural health businesses for advertising Listed Medicine herbal products in breach of the Advertising Code — including social media content making therapeutic claims beyond Permitted Indications. The ACCC has also investigated complementary health advertising for misleading service claims. From July 2025, ACL advertising compliance is a PHI rebate provider recognition criterion for Western herbal medicine practitioners.
Before you publish, check it.
CompliGUARD reviews herbalist and Western herbal medicine advertising against TGA Advertising Code requirements and ACL standards — including Permitted Indications checking for AUST L herbal products.
Start free reviewRelated questions
Regulatory references
- Therapeutic Goods Advertising Code 2021 (Cth), s.3, s.12, s.14–16
- Therapeutic Goods Act 1989 (Cth), s.3 (definition of therapeutic good)
- Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2), s.18 and s.29
- NHAA Advertising Standards (applicable to NHAA members)
- ATMS Code of Conduct — Advertising Standards (applicable to ATMS members)
- Private Healthcare Australia — Natural Therapies Reintroduction Framework (2025)