Many beauty industry businesses will be affected by clarification by the Therapeutic Goods Administration about permitted language when advertising cosmetic injectables.
Although the letter was directed to the beauty industry it has implications for all health and health-related businesses and practitioners.
The Advertising Restriction
The Therapeutic Goods Act 1999 prohibits advertising that refers to substances, or products containing substances, included in Schedule 3, 4 or 8 to the current Poisons Standard (with some exclusions).
TGA Policy
By a letter dated 15 January 2024 the TGA wrote to the Cosmetic Injections and Beauty Industry Group advising that it was updating its policy position about references to cosmetic injectables in advertising.
The TGA explained the reasons for its change as:
- The promotion of a health service as a means to obtain a prescription medicine is a form of advertising prescription medicines.
- Decisions about treatments that involve the use of prescription medicines should be made by a doctor in consultation with each individual patient.
- It is not legal to influence consumers about the use or supply of prescription medicines through advertising.
- For the cosmetic industry this means that…if such an advertisement refers to a schedule 4 substance or a product containing that substance – even in general terms such as ‘wrinkle reducing injection’ – the advertisement will in almost all cases be considered an unlawful advertisement for therapeutic goods.
Impacts
The TGA letter explained that some of the impacts will be:
- Some previously acceptable terms are no longer acceptable, such as ‘anti-wrinkle injections’ and ‘dermal fillers’, as the terms ‘draw the audience’s mind to’ prescription-only products.
- Alternatives to these references to support advertising of services remain available, for example: ‘Our clinic can provide consultations on reducing the appearance of wrinkles’.
What Happens Next?
The TGA will publish revised guidance on the Advertising for Health Services webpage on the TGA website, clarifying how the legislation will be applied consistently across all industries, and will also provide education about it.
Implications
The TGA was careful to explain that the revised guidance will apply across all industries. All health and health-related businesses and practitioners should stay aware of the changes and update their advertising practices and materials to align with them.
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