TGA Code confusion - AiMCO responds
AiMCO Responds to Confusion and Misinformation surrounding the updated TGA Code
The Therapeutic Goods Administration (TGA) Social Media Advertising Guide, which was released in January, has been picked up in the media with various interpretations creating confusion for influencers, marketers and their agencies. The guide pertains to the implementation of the new Therapeutic Goods Advertising Code which was released in early December and came into effect on January 1, 2022.
Recent media reports have incorrectly indicated that: ‘influencers won’t be paid for posts advertising: skincare, sunscreens, protein powders, vitamins, supplements, skincare for acne, medicines and skin lightening products.’
However, the updated TGA does not ban promotion of these items by influencers, rather this brings the rules for influencers in line with all advertising for therapeutic goods; influencers fall under the same long standing TGA requirements as other advertising formats.
The key consideration with regard to application of the code hinges on the interpretation of endorsement versus testimonials, as the latter are banned and have always been for therapeutic goods under the TGA Code.
Advertisers have until 30 June 2022 to transition from the current Code to the 2021 Code. During this 6-month transition period advertisers may apply either the current Code or the 2021 Code. However, the code requires all testimonials that are in breach to be taken down by July 1, 2022.
The key issue is that brands and influencers need to pay attention to personal testimonials that make therapeutic claims. The issue of endorsements versus testimonials is covered on the TGA website with regard to the 2018 Code, so a key factor for interpretation of the new code will be how this distinction applies to the new code. AiMCO will connect with the TGA to gain clarification on this in order to advise members and the industry.
Set out below is some of the guidance provided by the TGA in their Social Media Advertising Guide:
Tips for social media influencers
If you are an influencer who is involved with a therapeutic goods company (for example, you have been paid or given a product by the company to promote their goods), you should consider the following tips.
Any comments you make about your personal experience with therapeutic goods amounts to a testimonial. Testimonials are not permitted by those involved in the production, sale, supply, or marketing of the goods. This includes influencers who are engaged by a therapeutic goods company to promote the goods.
Understand what the approved purpose of the good is and do not advertise the good for a purpose other than that, even if your experience with the good is otherwise. For more information about the intended purpose of a therapeutic good, see the Australian Register of Therapeutic Goods.
Seek advice from a lawyer or regulatory affairs consultant if you are unsure about your obligations in relation to social media advertising of therapeutic goods.
For more information about advertising therapeutic goods, visit the TGA Advertising Hub.
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