The TGA advertising code is the Therapeutic Goods Advertising Code 2021. It controls how therapeutic goods, like medicines, medical devices, and supplements, can be advertised to the public in Australia. You cannot advertise prescription-only medicines to the public at all. For products you can advertise, the code bans some claims, requires certain warning statements, and stops you from referencing serious diseases without approval. A health service can still be advertised, as long as the ad does not name or point to a prescription medicine. The advertiser is liable, which includes the agency or writer.
Key takeaways
- The code is the Therapeutic Goods Advertising Code 2021. It sits under the Therapeutic Goods Act 1989.
- Prescription medicines (Schedule 4 and Schedule 8) cannot be advertised to the public at all.
- Goods you can advertise, like listed supplements and many devices, still have to follow the code: no banned claims, no serious-disease references without approval, and the right warning statements.
- The TGA governs the product. AHPRA governs the service and the practitioner. Most clinic ads sit under both at once.
- The advertiser is liable. That includes the agency and the copywriter, not only the business.
What is the TGA advertising code?
The TGA advertising code is the Therapeutic Goods Advertising Code 2021. It is the rulebook for how therapeutic goods are advertised to the public in Australia. It sits under the Therapeutic Goods Act 1989 and is run by the Therapeutic Goods Administration (TGA).
The code does three main jobs. It controls what claims you can make about a product. It requires certain warning and advisory statements on some ads. It bans some references outright, like claims to treat serious diseases without approval.
Here is the part that trips brands up. The code covers a lot more than a TV ad. According to the TGA, an advertisement is anything that promotes the use or supply of a therapeutic good. That includes your website, blog posts, social media, emails, and even a product name or a meta description. There is no "it was just educational" exemption.
The core idea: the code controls advertising of the goods. If your copy promotes the use or supply of a medicine, device, or supplement, it is caught, wherever it appears.
Which products does the code cover?
The code applies to therapeutic goods. That is a wide group, so it helps to split it by what you are allowed to say.
- Prescription medicines (Schedule 4 and Schedule 8). You cannot advertise these to the public at all. This is the strictest line in the system.
- Pharmacist-only and pharmacy medicines (Schedule 3 and Schedule 2). Advertising is limited. Only certain products and claims are allowed, and the rules are tight.
- Listed and registered over-the-counter medicines and supplements. You can advertise these to the public, but every claim has to follow the code, and some need warning statements.
- Medical devices. Many can be advertised to the public, again only within the code. The claims still have to be true, not misleading, and supported.
One product can change category by how you frame it. A supplement is fine to advertise. The moment you claim it cures a serious disease, you have stepped into a representation you are not allowed to make.
What can you advertise to the public?
The code limits your claims, not your right to market. You can still build a clear page that brings in enquiries. Here is what stays on the safe side.
- A health service or consultation. You can advertise that your clinic offers appointments to discuss options, who provides them, and what happens at the visit. A service is not a therapeutic good, so the goods rules do not catch it, as long as you do not name or hint at a prescription medicine.
- Products you are allowed to advertise. For a listed supplement or a device, you can state a factual, supported claim that matches what the product is approved for.
- Factual practice details. Location, hours, qualifications, and how to book.
- The required warning statements. For some medicines, the code makes you include lines like "Always read the label and follow the directions for use".
What you cannot do is promise an outcome, use a testimonial about clinical care, run a superlative like "best" or "leading", or push the public toward a prescription product. Those are the lines that turn a normal ad into a breach.
What are restricted and prohibited representations?
This is the part most brands have never heard of, and it is where the serious breaches happen.
A restricted representation is a reference to a serious disease, condition, ailment, or defect. Think cancer, heart disease, or diabetes. You are not allowed to use one in an ad to the public unless you have prior approval from the TGA. Most brands do not have that approval, so the safe rule is simple. Do not claim to treat, cure, or prevent a serious condition.
A prohibited representation is banned outright. You cannot use it even with approval. These are set out in the law and cover a small list of references the system does not allow in public advertising at all.
There is also a general bar on claims that are misleading, that raise unrealistic expectations, or that encourage someone to use a product when they should see a health professional. If a claim makes a reader feel they have a serious problem only your product can fix, it is heading for trouble.
Say this, not that: five TGA rewrites
Here are five lines that breach the code, each with a compliant version. Every "say this" line is written to the full standard, so it works for the TGA and, where a service is involved, for AHPRA too.
| Not this (breach) | Say this (compliant) | Why it works |
|---|---|---|
| "Lose weight fast with [prescription weight-loss medicine], book online today." | "Weight management consultations with our doctors. Book an appointment to talk through your options." | Advertises the consultation. Names no prescription medicine and promises no result. |
| "'This treatment changed my life.' Verified patient review." | "At your appointment, our team explains the options and answers your questions." | No testimonial about clinical care. Describes the service factually. |
| "Our supplement cures anxiety and reverses ageing." | "A vitamin formula to support general wellbeing. Always read the label and follow the directions for use." | No serious-disease claim and no restricted representation. Carries the required statement. |
| "The best laser in Australia. Guaranteed results." | "We offer laser skin treatments. Book a consultation to see if they suit you." | No superlative and no guarantee. Frames it as a professional service. |
| "New pain relief that works in minutes. Stock up now." | "[Product] for the temporary relief of mild pain. Always read the label and follow the directions for use. If symptoms persist, talk to your health professional." | Factual indication plus the warning statement. No urgency and no inducement. |
How does the TGA code sit alongside AHPRA?
This is the bit that confuses almost everyone, so here is the clean version.
The TGA advertising code governs the goods. The medicine, the device, the supplement. It controls what you can say about the product itself.
The AHPRA advertising guidelines govern the service and the practitioner. They come from the National Law, and they control testimonials, claims about care, and how a registered health professional is promoted.
A clinic ad usually sits under both at once. Take a cosmetic injectable page. The TGA decides whether you can name the product, and you cannot, because it is a prescription medicine. AHPRA decides whether you can run patient testimonials, and you cannot. You have to clear both layers, every time. My post on whether you can advertise Botox in Australia walks through one product under both layers in detail.
Quick test: ask "is this a claim about a product, or about a service?" Product claims answer to the TGA. Service and practitioner claims answer to AHPRA. Most healthcare pages do both, so you check both.
What happens if you get it wrong?
Breaching the code is not a small risk. The TGA can issue warnings and infringement notices, and it can take court action. Penalties for advertising offences are significant and can run into the millions for serious or repeated breaches.
The important detail for marketers is who is liable. The advertiser is responsible, and the law reads "advertiser" broadly. That includes the agency and the copywriter who wrote the page, not only the business that sells the product. If you write or approve the copy, you carry the risk with the client.
For a registered practitioner, there is a second door. A breach can also become a complaint to AHPRA, which can affect their registration. One non-compliant line can trigger two separate problems at once.
The fix is not to write less. It is to write to the rules from the first draft, so your content ranks and converts without ever putting the client or yourself at risk.
