What are the TGA rules for supplement advertising on Instagram 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 supplement Instagram advertising against the TGA Advertising Code. The Therapeutic Goods Advertising Code 2021 applies to Instagram advertising of Listed and Registered Medicines in exactly the same way as any other channel — including mandatory statement requirements, prohibited claims, and testimonial rules.
The rule: Therapeutic Goods Advertising Code 2021, s.3 (definition), s.14–16, s.17–19, s.22
Under s.3 of the Therapeutic Goods Advertising Code 2021, 'advertising' includes any communication designed to promote the use or supply of a therapeutic good — this definition captures Instagram posts, Stories, Reels, and paid promotions. There is no social media exemption. Every Instagram post advertising a Listed or Registered Medicine must include mandatory statements (AUST number, sponsor name, 'always read the label'), comply with the rules on permitted claims, testimonials, and restricted representations, and not use prohibited language about disease treatment, cure, or prevention.
What this means in practice
- Include the AUST L or AUST R number in every Instagram caption that advertises the product.
- Include 'Always read the label and follow the directions for use' in every caption — this cannot be abbreviated.
- Ensure all health claims in captions, text overlays, and hashtags are within the TGA Permitted Indications for the product's listed ingredients.
- Do not use hashtags that constitute health claims — a hashtag like #immunebooster attached to a supplement post is advertising and subject to the same rules as caption copy.
- Review influencer content before the brand reposts or amplifies it — the brand may be responsible for the compliance of influencer posts made on its behalf.
Common mistakes
Using hashtags that imply therapeutic claims
Hashtags form part of an advertisement where they promote the benefits or use of a product. #immuneboost, #curedfatigue, #fixedmygut are therapeutic claims in hashtag form — subject to the same Advertising Code rules as caption copy.
Review all hashtags used on supplement posts against the Permitted Indications framework. Replace therapeutic-claim hashtags with ingredient, lifestyle, or brand hashtags.
Running Instagram paid promotions without updating mandatory statements
Organic posts converted to paid promotions must still include all mandatory statements. Boosting a post that lacks an AUST number or 'always read the label' statement multiplies the breach — the paid amplification is not a separate advertisement, it is the same non-compliant content with wider reach.
Audit all posts for mandatory statement compliance before converting to paid promotions. Do not boost any organic post that has not been compliance-reviewed.
Assuming Stories and Reels are exempt because they are temporary or short-form
Stories and Reels are advertising under the Code's definition — ephemeral formats are not exempt from mandatory statement or claims requirements.
Apply the same compliance standards to Stories and Reels as to permanent posts. For short video formats, mandatory statements can appear as on-screen text.
Compliant vs non-compliant example
❌ NON-COMPLIANT
Using hashtags that imply therapeutic claims
✅ COMPLIANT
Review all hashtags used on supplement posts against the Permitted Indications framework. Replace therapeutic-claim hashtags with ingredient, lifestyle, or brand hashtags.
The enforcement context
The TGA's compliance monitoring explicitly covers social media platforms. In 2023–24, 4,806 removal requests were issued — many targeting social media content. The TGA's automated monitoring tools scan for non-compliant supplement advertising on Instagram, Facebook, and TikTok. Removal requests are followed by warning letters and infringement notices ($10,350 per offence for individuals) where brands do not comply.
Before you publish, check it.
CompliGUARD reviews supplement Instagram content against the full TGA Advertising Code — including mandatory statements, claims, and testimonials.
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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)
- Therapeutic Goods Advertising Code 2021 (Cth), s.22 and Schedule 3 (restricted representations)
- TGA Social Media Advertising Guidance