The Australian government’s Therapeutic Goods Administration (TGA) has introduced new regulations preventing social media influencers being paid to endorse health, cosmetic and skincare goods (therapeutic goods).
The amendment to the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 entered commencement on 1 January 2022, and was fully introduced on 1 July after a six-month transition period.
The TGA states that the new rules are designed to ‘ensure consumers are not influenced excessively or inappropriately by endorsements and testimonials’, as consumers of therapeutic goods are ‘a more vulnerable consumer cohort’.
The changes have received some backlash, especially due to the fact that it also extends to SPF products. Samantha Brett, founder of SPF sunscreen brand Naked Sundays, has written to the TGA, saying, “I do believe sunscreens should be exempt from the TGA advertising laws when it comes to testimonials. Summer is just around the corner which means Australians are at greater risk of skin cancer and melanomas. I think influencers should be allowed to give their opinions about the sunscreens they’re using, whether paid, gifted or unpaid by a brand.”
TGA representative Nicole McLay responded by agreeing that promotion of sunscreen on social media can have a positive impact, and that the regulation only blocks paid promotion. “The measure is designed to ensure, as much as possible, that testimonials are genuine and not influenced by commercial interests,” she said.
