Are Influencer Testimonials for Skincare Now Banned in Australia?

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Are Influencer Testimonials for Skincare Now Banned in Australia?

Scroll through social media on any given day and you’ll see influencers doing what they do best—making brands relatable, helping us discover new skincare, wellness trends, and the “must-haves” of modern living. It’s natural, even expected, for businesses to partner with influencers for their reach and storytelling power. For fashion, food, and travel, nobody blinks an eye.

But when those shiny recommendations start drifting into the realm of health claims and therapeutic goods—think supplements, acne creams, vitamins, or that miracle sunscreen—the rules change, and suddenly the law isn’t so relaxed. Why? Because when someone is influencing a purchase that might impact your health, Australian regulators want to protect the public from hype, unfounded promises, or people getting misled.

This is where things get “curly” for brands and influencers. What exactly is allowed (and what isn’t) under the latest TGA regulations? When does a glowing review cross the line into a testimonial—or an endorsement that could land you in trouble? If there’s a discount, freebie, or even friendly collaboration, can an influencer still rave about results? And who’s responsible if something goes wrong or a post needs to be taken down?

This blog isn’t your usual compliance checklist—it poses the real questions you’ll face as a business, creative agency, or influencer in this evolving legal landscape. Why does the law care so much about regulating these posts? How can a business avoid penalties, negative publicity or outright bans? And, most importantly, why does a “grey area” mean it’s time for experienced legal brains—not just savvy marketers—when therapeutic goods enter the frame?

Read on as we unpack what recent changes mean, raise the “tricky bits” everyone’s talking about, and point out why getting legal advice sooner rather than later could be your best move.

The rules for influencer marketing in the wellness and health space have shifted in Australia—and if you’re selling therapeutic goods, it’s important to know what’s allowed and what’s not. There’s been a lot of confusion (eg “Can you still use brand ambassadors?”), but the answer is more nuanced, and new guidance brings both clarity and stricter expectations.

Understanding the TGA Code for Influencers

The Therapeutic Goods Administration (TGA) regulates medicines, medical devices, and even some vitamins, sunscreen, and skincare that make health claims. Recent changes to the TGA Advertising Code mean influencer partnerships for these products are under sharper scrutiny than ever before.

If your business pays an influencer—or even provides free products—in exchange for positive social media posts about a therapeutic good, you’re now squarely in the Code’s sights.

The big rule? Influencers are not allowed to provide paid testimonials about therapeutic goods. This means they cannot share personal stories or experiences (“I tried this cream and it cleared my skin!”) in any sponsored capacity.

Can I Still Use Influencers?

Yes, but their role is more limited. Influencers can:

Share factual, non-personal endorsements that do not mention personal outcomes.

Act as brand ambassadors, so long as they stick to approved product messages and don’t imply medical results based on their own experience.

What they cannot do is give testimonials describing actual use or benefits, whether for money, gifts, or any kind of reward. “Unpaid” testimonials are only allowed if there is no relationship or valuable exchange.

Who’s Affected?

The Code doesn’t just affect influencers. It also bans current and former healthcare professionals and anyone holding themselves out as medically qualified from endorsing therapeutic goods. This applies whether they’re simply sharing content or officially acting as brand ambassadors.

What About Old Content?

If you have influencer content from before the new Code, you may need to take it down. Any testimonial made before 1 July 2022 (when the new restrictions took hold) must be removed if it now contravenes the updated rules.​

What Counts as an “Ad” Now?

Almost anything intended to promote the use (not just the sale) of a therapeutic good is likely to count as an advertisement—this includes regular social posts, hashtags, and even seemingly “organic” conversations if the influencer receives any form of benefit.

Key Takeaways for Business Owners

1. Clarity is essential: Make sure both your business and any influencers you partner with understand these updated requirements.
2. Review existing influencer agreements: You may need to amend or re-negotiate contracts, or remove old content.
3. Supervise your pages: Businesses are responsible for the content on their social media—even comments left by users—so monitor and clean up anything that might cross the compliance line.​
4. Disclose and comply: Even permitted endorsements must be clearly labelled as sponsored, and all claims must match the TGA-approved product uses.

Final Thoughts

The landscape is changing, but influencer marketing is still possible—with careful planning and compliance. Focus on honest, clear messaging, collaborate closely with legal advisors or TGA consultants, and always err on the side of responsible advertising. A compliant strategy protects your business—and your reputation—in a regulated and highly visible space.

Are you a brand, agency, or influencer working in the health, wellness, or cosmetics arena? Reach out if you want guidance – staying informed can save you from costly mistakes.

FAQ

Do brands need TGA approval before selling SPF products online?
Influencers in Australia can recommend products but must follow strict TGA rules for therapeutic goods.

What is a paid testimonial under TGA rules?
A paid testimonial is any review or story about a product where the influencer receives money, free product, or a reward from the business.

Are any influencers banned from promoting therapeutic goods?
Yes, current and former health professionals and anyone holding themselves out as medically qualified cannot promote or endorse therapeutic goods under TGA rules.

What should brands check before working with influencers on wellness or supplement campaigns?
Brands must ensure influencer content follows TGA guidelines, also for sponsored or unpaid posts.

What are the risks for not complying with TGA influencer rules?
Businesses and influencers may face large fines, forced takedowns, or reputational damage if they breach Australian laws on advertising therapeutic goods.

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.