Cosmetic v.s. Therapeutic Claims Guide in Australia

As of 2022, skincare brands are subject to the Therapeutic Goods Administration (TGA) framework in Australia. 

Australian laws around therapeutic goods and cosmetics are complex. And penalties will be charged when failing to comply. 

Therefore, Lauren Lee, an Australian lawyer and beauty expert with over 15 years of experience working across Australia and Asia, wrote this report to help enterprises better understand the regulations around cosmetic marketing and claims. 

The report will help reduce the likelihood of:

• enforced content takedowns

• product label reprints

• TGA fines and

• reputational damage

This guide covers the following:

• Firstly, how to work out whether a product is a cosmetic or a therapeutic good 

• What is a cosmetic claim?

• What is a therapeutic claim? 

• When will you be held responsible for making claims about products?

• The scope of permitted advertising with therapeutic goods

• Third-party therapeutic claims

• Giving and accepting therapeutic goods as freebies and samples 

• Finally, common ways some people try to get around making therapeutic claims...and why they don't work

This guide is a great reference for anyone currently working in Australia's skincare or beauty industry. Besides, it is also perfect for beauty influencers who receive products from brands or are being paid to create content for them.