What the TGAs latest guidance means for social media marketing in healthcare

Australian healthcare marketers have entered a new regulatory era, one where a single Instagram post could cost more than a year of revenue.

In its latest update, the Therapeutic Goods Administration (TGA) has sharpened its focus on social media advertising, responding to a rapid rise in non-compliant promotions across platforms such as Instagram, TikTok and Facebook. While the Therapeutic Goods Act has always covered digital content, the regulator is now making explicit that social formats, behaviours and trends fall squarely within its enforcement priorities.

The message from the TGA is clear. Digital content is no longer a grey zone. It is regulated advertising, and the regulator is prepared to act.

A tougher enforcement stance

The TGA has begun using firmer language and firmer measures. In 2024 and 2025 alone, it requested the removal of more than 13,700 unlawful ads across digital platforms. It has formed direct relationships with social media companies and can now use powers under the Telecommunications Act to block non-compliant websites altogether.

For serious breaches, the TGA may escalate to infringement notices, prevention orders or even civil or criminal proceedings.

The penalties are substantial:
• Up to $1.65 million per breach for individuals
• Up to $16.5 million per breach for corporations

For marketers, compliance can no longer be an end-of-process check. It must shape strategy from the start.

What counts as advertising now?

The most significant shift is scope. The updated guidance expands the definition of advertising to include any content that promotes the use or supply of a therapeutic good, regardless of intention.

This now captures formats common across social platforms, including:

• Images and captions
• Memes
• Humorous content
• Trending audio
• Hashtags
• Nicknames for therapeutic goods
• Influencer content and endorsements
• Testimonials
• Before and after images
• User-generated content

If it encourages use, it is advertising.

The benefits of clarity

While some businesses may feel unsettled by the new guidance, for others the clarity is welcome. For years, social media sat in a murky space between brand storytelling and regulated promotion, leaving many practitioners guessing.

Healthcare marketing and business growth expert and Splice Marketing CEO Ellie Bakker says that gap has finally narrowed.

The updated TGA guidance finally spells out, in plain language, that advertising isn’t just glossy campaigns, it can be a single post, a passing comment, even a hashtag. For healthcare brands, that clarity is crucial. When the rules are clearer, compliance becomes easier and that ultimately protects both consumers and the credibility of the sector.

Why non-compliant marketing simply is not worth the risk

While the financial penalties can be severe, they are only the beginning. The reputational fallout from a breach can undo years of trust-building.

The penalties are one thing. However, the bigger risk is what it signals to your community,” Bakker says. “Patients can easily assume that if you’re casual with compliance, you may be casual with care. That perception can undo years of relationship-building in a single post.

For founders, practice owners and corporate leaders, the risk profile of digital marketing has fundamentally shifted. Compliance now influences brand perception, patient confidence and financial stability.

The right expertise can stop you crossing the line

Balancing compliance and creativity is one of the sector’s longstanding challenges, and Bakker says it is often where businesses fall down.

Honestly, the biggest risk comes when your socials are managed by someone who just doesn’t know the TGA or regulatory landscape. A junior staffer or a well-meaning agency can post something that seems completely harmless, but in healthcare it can put you on the wrong side of the law very quickly.

This is why specialist agencies play a critical role.

Bringing in a specialist healthcare agency isn’t just outsourcing your marketing, it’s putting safety around your business growth. At Splice Marketing, we know the TGA and AHPRA rules inside out, so you can be bold without being in breach.

What healthcare organisations must do now

The updated guidance is a prompt for urgent action. Healthcare organisations should prioritise three key steps:

1. Review your social media footprint

Audit existing posts, paid campaigns, influencer content and hashtags. Many organisations are discovering that historic content unintentionally meets the expanded definition of advertising.

2. Update influencer agreements and approval workflows

Contracts must clearly prohibit testimonials, before-and-after imagery and any reference to prescription-only medicines. At the same time, build faster, compliance-led review processes for social content, including trending audio and reactive posts.

3. Strengthen brand governance

Update style guides, clarify approved language, set boundaries for humour, and train internal teams and agency partners. Every person touching social content must understand the new rules.

These steps do not restrict creativity. They create guardrails that allow teams to operate safely and confidently.

Final thoughts

The TGA’s stance makes one thing clear. Compliance is now a core part of brand safety, not an afterthought. Healthcare leaders who invest in clear processes, careful content and strong governance will protect both their reputation and their revenue.

Those who adapt early will stand out. In a sector built on trust, compliant marketing is not a constraint. It is a signal of professionalism that strengthens credibility with patients, partners and regulators alike.

Sources:

• Advertising therapeutic goods on social media | Therapeutic Goods Administration 
• TGA releases updated social media advertising guidance to support improved compliance | Therapeutic Goods Administration