Therapeutic Goods Advertising Code: 2026 supplement brand guide

For the full Code walkthrough, see our practical guide to the TGA Advertising Code 2021.

In 2023–24, the TGA issued 147 infringement notices totalling $2.20 million and sent 4,806 removal requests to brands advertising therapeutic goods in breach of the Advertising Code. The majority of these actions targeted supplement and complementary medicine brands making health claims that exceeded what their ARTG listing permitted. For a marketing team focused on conversion, these are not abstract regulatory risks — they are operational costs that land without warning.

The Therapeutic Goods Advertising Code 2021 (the Code) is the primary framework governing how therapeutic goods can be advertised to consumers in Australia. It applies to every channel: packaging, social media, websites, email, influencer content, and paid advertising. Understanding what it permits — and what it prohibits — is the foundation of any compliant supplement marketing programme.

The TGA regulates the advertising of therapeutic goods — products listed or registered on the Australian Register of Therapeutic Goods (ARTG). For supplement brands, this typically means Listed Medicines (AUST L number) and, less commonly, Registered Medicines (AUST R number).

The key principle is that the TGA regulates the product, not the ingredient. A magnesium supplement on the ARTG is a therapeutic good. A magnesium-fortified food product regulated under FSANZ is not — and different rules apply entirely. This distinction determines which compliance framework applies to your content.

Under s.3 of the Code, advertising means any communication that is designed to promote the use or supply of a therapeutic good. This definition is deliberately broad. It captures social media posts, product descriptions, email campaigns, influencer content where the brand is involved, and website landing pages. The question is not whether you intended the content to be an advertisement — it is whether a reasonable consumer would understand it as promoting the product.

If your product holds an AUST L or AUST R number, the Code applies to everything you publish about it.

The most important distinction in TGA advertising compliance is between Listed Medicines (AUST L) and Registered Medicines (AUST R), because the claims you are permitted to make differ significantly.

Listed Medicines (AUST L) are assessed by the TGA for safety and quality but not for efficacy. The sponsor self-assesses that the product meets the approved indications for its listed ingredients. Advertising for Listed Medicines must stay within the indications that are permitted for those ingredients under the TGA's Permitted Indications framework.

Under s.12 of the Code, advertisements for Listed Medicines must not include any representation that the product treats, cures, or prevents a disease, condition, ailment or defect, unless it is a permitted representation that has been approved by the Secretary. This is the rule most supplement brands breach — moving from permitted language (supports immune function) to prohibited language (treats respiratory infections) without realising the boundary has been crossed.

Registered Medicines (AUST R) have been assessed for efficacy. Advertising claims for Registered Medicines must be consistent with the approved product information. The bar is higher, but so is the flexibility.

Practical test: before publishing any health claim, ask whether it is within the permitted indications for your AUST L ingredients, or within the approved product information for your AUST R product. If you cannot trace the claim to one of these sources, do not publish it.

Three areas of the Code cause the most enforcement activity for supplement brands.

Prohibited representations (s.22): The Code prohibits claims that a product treats, cures, or prevents a serious form of a disease, condition, ailment or defect. Schedule 3 of the Code lists conditions that are defined as serious — including cancer, diabetes, cardiovascular disease, and HIV. Any claim touching these conditions in supplement advertising is a restricted representation requiring prior approval from the Secretary, regardless of how the language is framed.

Testimonials (s.17–19): The Code permits testimonials for therapeutic goods, subject to strict conditions. The testimonial must reflect the genuine opinion of the person giving it, must not be misleading, and must not include a claim that the product cured, treated, or prevented a disease. Influencer testimonials paid for by a brand are subject to the same rules as direct advertising — the brand is responsible for the content if they commissioned it or it was posted on their behalf.

Mandatory statements (s.14–16): Advertisements for therapeutic goods must include the product's AUST L or AUST R number and the name of the sponsor. Advertisements to consumers must include the statement "Always read the label and follow the directions for use." Failure to include these mandatory elements is one of the most common infringement notice triggers.

Social media advertising for therapeutic goods is subject to the same Code requirements as any other channel. The TGA's guidance on social media advertising makes clear that: hashtags, links, and tags can form part of an advertisement if they promote the benefits or use of a product; brands are responsible for reviewing content made by influencers they engage; and where advertising is paid for and posted on a brand's behalf, the brand may be responsible for non-compliance.

The practical implication: if you brief an influencer to post about your magnesium supplement and the post claims it "cures insomnia," that claim is your compliance problem, not the influencer's. Review influencer content before it is posted, retain records of the version you approved, and ensure the post includes the required mandatory statements.

The TGA uses automated monitoring tools to scan websites and social media for non-compliant advertising. Content that may have been published years ago remains visible to these systems.

The Therapeutic Goods Advertising Code is currently under formal review by the TGA (2025–26). This guide reflects the current Code. Guidance may be subject to change. This content does not constitute legal advice. For binding interpretations, consult a qualified regulatory professional.

• Publishing without checking the complete advertisement’s overall impression.
• Treating one regulator’s checklist as coverage for every applicable framework.
• Failing to retain evidence showing what was reviewed and approved before publication.

CompliGUARD reviews the complete advertisement against TGA · AHPRA · FSANZ · ACCC requirements, identifies clause-level risks, proposes compliant wording, and retains the result in an audit trail before publication.