Cosmetic Industry Crackdown

13.03.24

Published 13 March 2024  |  Written by John Ramsden  |  Last reviewed: 8 September 2026

QUICK ANSWER

In Australia, it is illegal to advertise prescription-only cosmetic injectables, such as anti-wrinkle injections and dermal fillers, directly to the public. Since the Therapeutic Goods Administration’s (TGA) 2024 crackdown, clinics can describe only the treatment’s outcome (for example, “reducing the appearance of wrinkles”), not the drug or its schedule. From June 2025, AHPRA added further rules on practitioner training, disclosure and a ban on influencer-style marketing for cosmetic injectable providers. Below, we set out what changed, what enforcement now looks like, and how to keep your clinic compliant.

WHAT STARTED THE CRACKDOWN

On 15 January 2024, the TGA’s Assistant Director of Advertising Compliance Education and Policy wrote to the cosmetic injection and beauty industry advising of a stricter approach to enforcing existing advertising law. The letter drew on section 42DL(10) and section 42DLB(7) of the Therapeutic Goods Act 1989 (Cth), which make it an offence to advertise a substance, or a product containing a substance, listed in Schedule 3, 4 or 8 of the Poisons Standard (unless it also appears in Appendix H). Botox (a brand of botulinum toxin) and most dermal fillers fall within these schedules.

The change didn’t rewrite the law. It signalled that the TGA would start enforcing it more consistently across every industry dealing in therapeutic goods, rather than treating cosmetic injectables as a lower priority.

WHAT IT MEANS IN PRACTICE

Clinics need to remove advertising that refers, directly or indirectly, to prescription-only substances, including terms like “Dermal Fillers” or “Anti-Wrinkle Injections.” The TGA’s own suggested alternative is instructive: “Our clinic can provide consultations on reducing the appearance of wrinkles.”

“Advertising” is defined broadly. It covers verbal, printed and electronic communication, including social media posts and content created on a clinic’s behalf. Practices that commonly trip clinics up include:

  • Client testimonials that reference a specific product or brand
  • Before-and-after photos of injectable results
  • Hashtags naming a treatment or product
  • Price lists that name a Schedule 3, 4 or 8 substance
  • Content produced by an influencer, agency or staff member without sign-off

Clinics are responsible for monitoring and reviewing content produced by third parties on their behalf, not just their own posts. The TGA also runs a public tip-off line, so non-compliant advertising can be, and regularly is, reported by consumers, competitors or former patients.

THE 2025 AHPRA GUIDELINES: A BIGGER SHIFT THAN MOST CLINICS REALISE

On 3 June 2025, the Medical Board of Australia and AHPRA announced new guidelines for practitioners performing cosmetic procedures, and they go well beyond advertising wording. Key changes include:

  • Experience requirements: registered nurses must complete 12 months of full-time general practice before offering cosmetic injectables
  • Formal training: hands-on, competency-based training in facial anatomy, patient assessment and technique, not a weekend course
  • Advertising restrictions: practitioner details must be disclosed in all promotional material, testimonial and influencer-style advertising is banned, and “entertainment” content (music, comedy, dancing) is prohibited in ads
  • Protections for minors: no advertising targeted at people under 18, and a mandatory cooling-off period for patients under 18 who seek treatment
  • Financial disclosure: any financial interest a practitioner holds in recommending a product or provider must be disclosed to the patient

Practitioners had until September 2025 to bring their practices into line, after which AHPRA and the relevant National Boards indicated they would pursue enforcement action against non-compliant providers. If your clinic’s advertising, consent material or staff training hasn’t been reviewed since before June 2025, it is very likely out of step with current requirements.

Separately, some states have clarified who can hold injectable stock at all. Queensland Health, for example, confirmed in April 2025 (under the Medicines and Poisons Act 2019) that only doctors and nurse practitioners, not registered nurses generally, may hold custody and control of Schedule 4 cosmetic injectables. Clinics operating across multiple states should check the position in each jurisdiction rather than assuming a single national rule covers stock handling.

ENFORCEMENT: NO LONGER JUST A WARNING LETTER

The TGA’s initial approach in 2024 favoured voluntary compliance, industry information sessions and education. That phase has passed. The TGA has since issued infringement notices to individuals and health professionals over unlawful advertising and importation of cosmetic injectables, confirming that the escalation it flagged in 2024 was not an idle threat.

Depending on the seriousness of the conduct, a clinic or practitioner may face:

  • An infringement notice, a fixed penalty tied to the Commonwealth penalty unit (currently $364 as at 1 July 2026, indexed every three years)
  • Court action, where penalties can be substantially higher than an infringement notice
  • Publication on the TGA’s infringement notice register, which is public and not limited to cosmetic advertising breaches
  • Separate AHPRA disciplinary action against the individual practitioner, on top of any TGA penalty

HOW TO CHECK YOUR ADVERTISING IS COMPLIANT

  1. Audit every current and historical channel, website, Instagram, Facebook, TikTok, print, and any content produced by agencies or influencers on your behalf, for references to prescription medicines or specific injectable brands
  2. Rewrite advertising copy to describe the outcome sought, not the product or its schedule
  3. Confirm your practitioner disclosure, patient consent material and staff training records meet the June 2025 AHPRA standard
  4. Review who in your practice can legally hold and administer Schedule 4 stock under your state’s rules
  5. Get advice before launching a new campaign, particularly anything involving testimonials, influencers or before-and-after imagery

HOW RAMSDEN LAWYERS CAN HELP

Navigating overlapping TGA and AHPRA requirements, especially where they’ve changed twice in under two years, can be genuinely difficult to keep on top of. Our Litigation and Dispute Resolution team regularly advises clinics and practitioners on advertising compliance and responding to regulator inquiries. If you’re unsure whether your current advertising, consent processes or staff training meet the current standard, book an obligation-free initial consultation and we’ll help you work through it for your specific circumstances.

This article provides general guidance only and must not be relied on as legal advice. You should seek specific advice about your circumstances.

FREQUENTLY ASKED QUESTIONS

What can't a clinic say when advertising cosmetic injectables in Australia?

Clinics cannot name or refer to prescription-only substances (Schedule 3, 4 or 8 medicines under the Poisons Standard), including “Botox,” “anti-wrinkle injections” or “dermal fillers,” in any public-facing advertisement. This covers websites, social media, testimonials, before-and-after photos, hashtags and price lists. Advertising may only describe the outcome sought, such as “reducing the appearance of fine lines.”

Is it illegal to advertise Botox or dermal fillers in Australia?

Yes. Under section 42DL of the Therapeutic Goods Act 1989 (Cth), advertising a Schedule 4 prescription medicine (which includes Botox, a brand of botulinum toxin, and most dermal fillers) directly to consumers is a criminal offence, regardless of whether the ad names the specific brand or a generic description.

What changed for AHPRA and cosmetic injectables in June 2025?

On 3 June 2025, the Medical Board of Australia and AHPRA introduced new guidelines requiring registered nurses to complete 12 months of full-time general practice before performing cosmetic injectables, mandating formal facial anatomy and technique training, banning influencer or testimonial-style advertising, prohibiting entertainment-style content in ads, and requiring practitioner disclosure in all promotional material.

Can registered nurses still perform cosmetic injections in Australia?

Yes, but under tighter conditions. Following state-based clarifications, including Queensland Health’s April 2025 guidance under the Medicines and Poisons Act 2019, only doctors and nurse practitioners may hold custody and control of Schedule 4 injectable stock. Other registered nurses must administer under an appropriate prescriber’s authorisation and now need at least 12 months’ full-time clinical experience before offering cosmetic procedures.

What counts as "advertising" under the TGA's cosmetic injectables rules?

The TGA defines advertising broadly: any verbal, printed or electronic communication intended to promote use or supply. This includes social media posts, influencer content, client testimonials, before-and-after photos, hashtags, price lists and material produced by third parties on a clinic’s behalf. Clinics remain responsible for content created by staff, marketing agencies or contracted influencers.

What penalties apply for non-compliant cosmetic advertising?

Breaches can result in a TGA infringement notice, a fixed financial penalty tied to the Commonwealth penalty unit (currently $364, effective 1 July 2026), or referral for prosecution, where courts can impose substantially higher fines. The TGA also publishes an infringement notice register, and serious or repeated breaches can trigger separate AHPRA disciplinary action against the treating practitioner.

Can a clinic use before-and-after photos to market cosmetic injectables?

Generally, no, not where the photos relate to a prescription-only treatment. The TGA treats before-and-after imagery of cosmetic injectable results as advertising that implicitly refers to a Schedule 3, 4 or 8 substance, which is prohibited. Clinics should get specific legal advice before using result-based imagery in any campaign.

How can a cosmetic clinic check its advertising is compliant?

Clinics should audit all current and historical advertising (website, social media, print and influencer content) for references to prescription medicines or specific injectable brands, update template wording to describe outcomes only, confirm practitioner disclosure and training records meet the 2025 AHPRA standards, and get advice from a lawyer experienced in TGA and AHPRA compliance before launching new campaigns.