Australia crackdown on cosmetics advertising hits influencers

By Becky Bargh | Published: 1-Mar-2022

Social media stars will no longer be able to advertise therapeutic products if they have been paid-for or gifted

Influencers in Australia will soon be banned from advertising paid-for or gifted therapeutic products.

From 1 July, the country’s medical regulator – the Therapeutic Goods Administration (TGA) – will introduce a new advertising code, which cracks down on influencers promoting some beauty skus.

The Therapeutic Goods Advertising Code 2021 says that no social media star can endorse a product if they have been paid to do so, or gifted a free item.

Genuine un-paid testimonials are permitted online.

Anyone who receives “valuable consideration” for their testimonial, however, or those that are involved in “the production, sale, supply or marketing of the goods” will not be allowed to do so – according to Sydney law firm King & Wood Mallesons.

Brand ambassadors are free to endorse goods – but must not refer to their personal experience of using the product.

Ahead of the deadline, the TGA’s 2018 advertising code will be in force until 30 June.

Which beauty products will be banned?

The new rules apply to sunscreens, supplements, vitamins and some skin care products.

Protein powders and some medicines will also be covered by the new rules.

Mandatory statements will also be required for some therapeutic goods.

Goods only available from pharmacists, must include the statement: ‘Ask our pharmacist about this product’.

Meanwhile, a short form ad must read: ‘Allows follow the directions for use’.

Influencers must also go through the painstaking process of removing all previously paid-for advertising posts before the new rules come into force.

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