The Therapeutic Goods Administration (TGA) has updated its guidance on social media advertising to help businesses and influencers understand their legal responsibilities when promoting therapeutic goods online.
The regulator said that while social media offered “valuable opportunities” for engagement, any content promoting the use or supply of therapeutic goods had to comply with the Therapeutic Goods Act.
The update followed a rise in alleged unlawful promotion of prescription-only medicines – including within the medicinal cannabis sector.
The regulator this week fined compounding pharmacy ACPharm Queensland A$99,000 for allegedly breaching the act although it is unknown if that related to social media.
The TGA said the revised guidance was developed in response to frequent compliance queries from industry stakeholders.
It set out which types of social media activities could constitute advertising, clarified the legal responsibilities of influencers, businesses and account holders, and highlighted recurring pitfalls such as the omission of mandatory health warnings or misleading use of testimonials.
All advertisers were urged to review both current and historical content to ensure compliance, with the regulator warning that account holders were personally responsible for any material they created, shared or managed.
During the 2024–25 financial year, the TGA requested the removal of more than 13,700 unlawful advertisements from digital platforms.
The regulator said serious breaches could attract civil penalties of up to $1.65 million per offence for individuals – or $16.5m for corporations – in addition to potential fines or imprisonment.