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Restricted and prohibited representations in advertising

There are restrictions on using representations in advertising that refer to certain diseases, ailments or conditions. 

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In advertisements for therapeutic goods, the use of representations that refer to diseases or conditions which are serious and require involvement with a health professional for appropriate management are either restricted or prohibited. 

‘Restricted representations’ must only be used with our prior approval and ‘prohibited representations’ are permitted only in circumstances where their use is necessary for the appropriate use of the advertised good or necessary in the interests of public health. For both restricted and prohibited representations approval or permission must be in place before they can be used in advertisements. 

Our prior scrutiny of these types of representations is to ensure the vulnerability of consumers who have a serious disease or condition is not taken advantage of by advertising claims and to ensure consumers are not inappropriately influenced to try and self-manage their serious disease or condition.   

Significant fines and penalties apply if you use restricted or prohibited representations in an advertisement without prior approval or permission from us.

The Act, Regulations and Code are the legal source of this information:

The Guidance explains requirements under the Code: 

Restricted representations

Restricted representations are references to a serious form of: 

  • disease
  • condition
  • ailment
  • defect.

Pregnancy, other than pregnancy with a medical, obstetric, or surgical complication is not a restricted representation.

Definition of serious forms

The definition of a ‘serious form’ of a condition, ailment, disease or defect are those which require a health professional to diagnose, follow-up or treat.

Our guidance on Part 8 of the Advertising Code provides more detailed information on what constitutes a serious form of a condition, ailment, disease or defect - see Applying the Advertising Code rules: restricted representations.

When you may use a restricted representation

You cannot use restricted representations in any form of advertising unless:

  • you have our prior approval or permission
  • the restricted representation is a part of a ‘health warning’ that is required in certain advertisements 

Our approval can be given to applicants to use a restricted representation.

At times, we may broadly grant permission to all advertisers to use a restricted representation. You cannot apply for a permission.

Applying to use a restricted representation

If you want to use a restricted representation in your advertising, you need to seek approval from us first. 

You submit an application through the Regulatory and Compliance portal:

Submit an application - external site

Help can be found:

Prohibited representations

While you cannot apply to the TGA to use prohibited representations in advertising, we can permit their use in specific advertisements if necessary for public health or for the appropriate use of the goods.

A prohibited representation is a representation regarding the treatment, cure, prevention, diagnosis (including screening) or monitoring of, or the susceptibility or pre-disposition to, one or more of the following:

  • neoplastic diseases (for example, all types of cancer)
  • sexually transmitted diseases
  • human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)
  • hepatitis C virus (HCV)
  • mental illness

Representations regarding abortifacient action are also prohibited representations. 

Some prohibited representations apply to particular types of therapeutic goods such as: 

  • analgesics
  • disinfectants and antiseptics 
  • vitamins and mineral supplements
  • calling a therapeutic good or substance a vitamin, where you must only use certain permitted terms. 

See examples in the table below. 

Examples of prohibited representations that apply to different types of therapeutic goods
ProductRepresentations
Analgesics
  • Taking analgesics is safe, or that they will relax, relieve tension, sedate or stimulate.
Antiseptics and disinfectants

Representations that:

  • Antiseptics promote healing.

Representations about the:

  • Bacteriostatic activity regarding disinfectants without also referring to bactericidal activity.

Representations that refer to the:

  • Rideal Walker test or the Phenol Coefficient
  • Results of laboratory tests on micro-organisms on the label only, other than within a leaflet or on a label within product packaging
  • Achievement of sterility except without TGA approval
  • An effect against viruses or Mycobacterium tuberculosis and related acid fast bacteria without TGA approval
  • Disinfection of inaccessible parts of drains.

Representations that:

  • Contradict or conflicting with the common name
  • Are not more specific than the common name as a description or measure of activity against micro-organisms.
Vitamins or minerals

Representations about the:

  • Amount of a vitamin or mineral present in a product, expressed as a percentage or proportion of the recommended daily or dietary intake or allowance
  • Recommended daily or dietary intake or allowance of a vitamin or a mineral, unless current and sourced from the National Health and Medical Research Council.

Representations that vitamin products are:

  • A substitute for good nutrition or a balanced diet
  • Superior to or more beneficial in any way than dietary nutrients.

A complete list of prohibited representations is in Part 1 of Schedule 2 of the Therapeutic Goods Regulations 1990.

List of approved restricted and prohibited representations

We publish permissions and approvals granted for both restricted and prohibited representations at Advertising permissions. 

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