Why this matters: If you advertise injectables or any regulated health service, your content must meet AHPRA’s advertising requirements under section 133 of the National Law, and separate rules may also apply under the TGA (therapeutic goods) and Australian Consumer Law (ACL). Breaches can lead to prosecution and significant penalties, plus conditions on registration.
Quick note on scope: This blog covers general AHPRA advertising requirements (all regulated health services) and highlights TGA/ACL touchpoints clinics commonly overlook, especially in social media.
Red flag 1 – Using testimonials in advertising
What’s the issue? The National Law prohibits testimonials (or purported testimonials) in advertising regulated health services. That includes patient comments about clinical care, outcomes, or practitioner skill on platforms you control (website, socials), and even re‑posting patient content with outcomes.
Do this instead: Allow general feedback about non‑clinical aspects (e.g., booking experience) only if it doesn’t venture into clinical outcomes, and don’t republish clinical reviews. On owned channels, moderate or remove comments that read like outcomes or praise of clinical care.
Red Flag 2 - Before/after images that create unrealistic expectations
What’s the issue? AHPRA treats images/photos as advertising; they must not be false, misleading or deceptive or create an unreasonable expectation of benefit. The Medical Board’s cosmetic surgery guidance shows how poor‑quality or glamorised before/after sets breach the rules (lighting, posture, editing, emojis, lifestyle shots, outcome hype).
Do this instead:
- Use consistent lighting, angle, framing; avoid filters/retouching; never use stock images that imply patient outcomes.
- Provide balanced information and make clear that individual outcomes vary; link to risks & recovery info (prominently).
Red Flag 3 - Superlatives like “safe”, “best”, “superior”, or “expert”
What’s the issue? Claims that overstate benefits or imply superiority can mislead or create an unreasonable expectation of beneficial treatment, both prohibited.
Do this instead: Use plain, evidence‑based descriptions of the service and practitioner credentials; avoid comparative claims.
Red Flag 4 - Unbalanced risk statements
What’s the issue? Advertising must be accurate, balanced and evidence‑based; downplaying risks or using emotive language is misleading.
Do this instead: Present risks and typical recovery prominently and in plain English; link to detailed risks on your website when space is limited.
Red Flag 5 - Inducements and urgency (“limited time”, “don’t miss out”)
What’s the issue? You may offer a gift/discount/inducement only if the ad states the terms and conditions; urgency or scarcity tactics can also risk encouraging indiscriminate or unnecessary use.
Do this instead: If you run promotions, state T&Cs in the ad itself (not buried); avoid pressure tactics that could push vulnerable consumers.
Red Flag 6 - Vague or incorrect use of titles/credentials
What’s the issue? Misleading titles, implied specialist status, or ambiguous credentials in advertising breach the guidelines. (E.g., protected titles like “surgeon” have strict use rules; don’t overstate specialisation.)
Do this instead: Clearly state the practitioner’s name and registration type/role (e.g., RN/NP/GP) and use protected titles correctly. Avoid implying specialist status you don’t hold.
Red Flag 7 - Not moderating comments and tags on owned platforms
What’s the issue? If you control content (can publish/remove), you’re responsible for ensuring it doesn’t include testimonials or misleading claims, this includes comments, tags, and reposts.
Do this instead: Implement a comment moderation policy; disable reviews or restrict tagging where appropriate to reduce testimonial risks.
Red Flag 8 - Advertising therapeutic goods/devices without TGA compliance
What’s the issue? If your content promotes a therapeutic good (e.g., a device or medicine), TGA rules apply. Prescription‑only medicines (e.g., botulinum toxin brands) cannot be advertised to the public, and influencer advertising has specific restrictions.
Do this instead: Avoid brand/product promotion for prescription‑only medicines; review TGA’s social media guidance (including rules for influencers, hashtags, links, user comments).
Red Flag 9 - Giving personalised clinical advice in social content
What’s the issue? Social posts must not diagnose or recommend specific treatment courses to the public; claims must be supported by acceptable evidence and kept general.
Do this instead: Educate in general terms and invite readers to book a consultation for personalised advice; avoid “You need 2–3 areas” type statements.
Red Flag 10 - Glamorised or aspirational content that targets vulnerabilities
What’s the issue? Advertising must not exploit vulnerabilities or trivialise procedures; glamorised outcomes, lifestyle imagery, or implied social/psychological promises are risky.
Do this instead: Use neutral imagery and educational copy; avoid suggesting treatments will improve life satisfaction, relationships, or self‑esteem.
Quick AHPRA Compliance Checklist (save this)
- No testimonials (including patient stories, outcome comments, reposts with outcomes).
- No claims that mislead or create unreasonable expectations.
- Inducements only with T&Cs visible in the ad; avoid pressure tactics.
- Images realistic and consistent; avoid filters, glamorisation.
- Titles/credentials accurate; don’t imply specialist status you don’t have.
- Moderate comments/tags to remove testimonials on owned channels.
- If advertising therapeutic goods, apply TGA rules; never promote Rx‑only medicines to the public.
FAQs
Can we use before/after photos?
Yes - but only if they don’t mislead or create unreasonable expectations; follow strict good‑practice (consistent angles, no editing/filters, balanced risk info). For cosmetic surgery, additional specifics apply.
Are limited‑time offers allowed?
Only if T&Cs are stated in the ad, and avoid urgency that could encourage indiscriminate use.
Do I have to publish registration numbers in every ad?
Not specifically required; what’s required is that advertising doesn’t mislead about registration, titles or competence. Include clear name/role/registration type and use protected titles correctly.
Can patients leave reviews on Google?
Yes, but you can’t use or republish clinical outcome reviews in advertising, and you must not encourage outcome‑based reviews. On owned channels, remove outcome comments.
What about influencers?
If content promotes therapeutic goods, TGA’s influencer/endorsement rules apply (disclosure, no Rx‑only promotion, testimonial restrictions). For service advertising, apply AHPRA rules (no testimonials, no glamorisation, balanced risks).
Want to market confidently without risking fines or registration?
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It’s plain‑English and designed for injectables and aesthetic clinics, so your team can publish with confidence.
Sources & Further Reading
- AHPRA Advertising Guidelines
- Social Media Guidance – AHPRA
- Health Practitioner Regulation National Law – Section 133
- TGA Advertising Therapeutic Goods on Social Media
- Australian Consumer Law - Misleading Claims
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This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.
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