Non-Surgical Cosmetics

The legislation regarding cosmetic injectables has not changed. Most cosmetic injectables contain substances that are in Schedule 4 to the Poisons Standard and, in accordance with the Therapeutic Goods Act 1989 (the Act), cannot be advertised to the public. 

We no longer expressly permit references to terms such as ‘wrinkle reducing injections’ or ‘dermal fillers’ where those terms would result in a reasonable consumer understanding the intention of the content is to promote the use or supply of a prescription-only medicine or good containing such as substance. This includes through acronyms, nicknames, abbreviations and hashtags, which may be taken by a consumer as a reference to a specific prescription-only medicine or substance.

This does not apply to cosmetic injectables that do not contain any prescription-only substances.

The regulation of health services, including telehealth (phone) consultations between a patient and their treating health practitioner, is not within our jurisdiction. 

Additionally, information shared between a health practitioner and their patient during a private consultation or treatment, including through telehealth consultation, is not subject to the advertising rules for therapeutic goods. 

If information provided by non-medical staff would be reasonably taken by its audience to be intended to promote the use or supply of a prescription-only medicine or substance, the information is likely to be considered advertising. 

Generally, solicited information (requested or asked for by a patient) is less likely to meet the legislative definition of 'advertise' than unsolicited information that is published or widely disseminated. Giving information necessary to answer a direct question (without providing additional information that could be taken to be intended to be promotional) is unlikely to be advertising. However, this will depend on what is communicated in the telephone conversation or in person. 

https://www.tga.gov.au/how-we-regulate/advertising/specialised-advertising-issues-and-topics/advertising-health-services-and-cosmetic-injections-frequently-asked-questions-and-answers#about-these-frequently-asked-questions-faqs

https://www.tga.gov.au/how-we-regulate/compliance-and-enforcement-hub/compliance-management