What are the TGA rules for influencer advertising of supplements 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 influencer supplement content against the TGA Advertising Code. Influencer content promoting Australian supplement brands is subject to the Therapeutic Goods Advertising Code 2021 where the brand commissioned or paid for the content — the brand is responsible for compliance, not the influencer, and all mandatory statements, permitted claim rules, and testimonial restrictions apply.
The rule: Therapeutic Goods Advertising Code 2021, s.3 (definition of advertising), s.14–16 (mandatory statements), s.17–19 (testimonials)
Under s.3 of the Therapeutic Goods Advertising Code 2021, advertising means any communication designed to promote the use or supply of a therapeutic good. Where a brand commissions, pays for, or provides a product to an influencer in exchange for content, that content is advertising for the purposes of the Code — and the brand is responsible for its compliance. The TGA's social media advertising guidance confirms that where advertising is paid for and posted on a business's behalf, the business may be responsible for non-compliance. The influencer's follower count, platform, or content style does not affect this obligation.
What this means in practice
- Brief influencers on exactly what they can and cannot say — provide a list of permitted claims based on the product's ARTG listing and permitted indications.
- Review all influencer content before it is posted — retain a record of the version you approved and the date of approval.
- Ensure influencer posts include the AUST L or AUST R number, sponsor name, and 'always read the label and follow the directions for use.'
- Do not brief influencers to share personal health outcomes that imply the product cured, treated, or prevented a disease — this constitutes a prohibited testimonial under s.17.
- Disclose the commercial relationship — ACCC guidelines require that paid influencer content is identified as advertising, typically via #ad or #sponsored.
Common mistakes
Assuming the influencer is responsible for compliance, not the brand
The TGA's advertising framework places compliance responsibility on the business whose product is being promoted where the content was commissioned or paid for. An influencer's non-compliant post is the brand's compliance problem.
Treat influencer content review as part of your pre-publication compliance process. The same standards that apply to your own content apply to content you commission.
Sending product to influencers for 'organic' reviews without a compliance brief
Product gifting in exchange for content — even when framed as organic — may constitute advertising under the Code if the brand provided the product with the expectation of promotional content. Compliance obligations follow the commercial relationship, not the label applied to it.
Where product is gifted with an expectation of content, provide a compliance brief. Where product is gifted with no expectation, document that position in writing in case it is later questioned.
Missing mandatory statements in short-form influencer content
Instagram Reels, TikTok videos, and Stories have character or time constraints — but these do not create exemptions from mandatory statement requirements. Influencer content that promotes a Listed Medicine without the AUST number and 'always read the label' statement is non-compliant regardless of format.
Require mandatory statements in all influencer content as a non-negotiable brief condition. For video formats, mandatory statements can appear as on-screen text.
Compliant vs non-compliant example
❌ NON-COMPLIANT
Assuming the influencer is responsible for compliance, not the brand
✅ COMPLIANT
Treat influencer content review as part of your pre-publication compliance process. The same standards that apply to your own content apply to content you commission.
The enforcement context
The TGA's automated monitoring tools scan social media for supplement advertising, including influencer content. In 2023–24, the TGA issued 4,806 removal requests — many targeting social media content including influencer posts. The brand whose product is featured faces the removal request and potential infringement notice, not the influencer.
Before you publish, check it.
CompliGUARD reviews influencer brief compliance and drafted influencer content against TGA Advertising Code requirements before briefing or posting.
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Regulatory references
- Therapeutic Goods Advertising Code 2021 (Cth), s.3 (definition of advertising)
- Therapeutic Goods Advertising Code 2021 (Cth), s.14–16 (mandatory statements)
- Therapeutic Goods Advertising Code 2021 (Cth), s.17–19 (testimonials)
- TGA Social Media Advertising Guidance
- ACCC Influencer Marketing Guidance