Can testimonials and reviews include therapeutic claims?

by | Jun 17, 2019 | Compliance/Legislation, Therapeutic Claims | 0 comments

If you’re relatively new to the industry, you might be wondering why therapeutic claims are relevant – because you make cosmetics, right?

But the line between cosmetic and therapeutic claims can be difficult to navigate, and it’s easy to make non-compliant claims without even realising it.

Can customer testimonials and reviews on my website or social media include therapeutic claims?

The answer to this is 100% NO.

Why not? The customer is making the claim, not my business…

Customer testimonials and reviews are classified as advertising. The Therapeutic Goods Administration (TGA) makes this clear in the Complying with the Therapeutic Goods Advertising Code – “Testimonials are advertisements themselves”. It’s illegal to advertise products as having a therapeutic benefit unless they’re listed or registered on the Australian Register of Therapeutic Goods (ARTG). 

But the testimonial doesn’t specifically say that it healed anything… so why is it a therapeutic claim?

If a consumer thinks a cosmetic product would have a therapeutic benefit based on the way it is advertised, e.g. naming a skin condition and providing before and after photos, this would be considered a therapeutic claim (which would be illegal if the product isn’t listed or registered on the ARTG). This is regardless of whether the business has intentionally promoted the product this way or not. Also, just because the word ‘heal’ hasn’t been used, doesn’t mean there’s no implication it’s had a therapeutic effect, or that the consumer won’t think it will.

How do you know all this?

I’ve been to TGA workshops where it’s been discussed, I’ve studied it in a Certificate of Cosmetic Regulatory Essentials and I’ve read the TGA regulations at length.

What should I do if I have testimonials or reviews with therapeutic claims on my website or social media?

Well, this is really up to you – but if you want to be compliant, the TGA expects you to remove them where you can: “Advertisers should monitor testimonials and remove non-compliant testimonials“.

What if it’s on someone else’s website or social media account?

That’s a bit different. The TGA states “Advertisers are responsible for ensuring the compliance of any testimonials that are publicly posted by third parties to Facebook, Twitter, Instagram or any other social media accounts and blogs where the advertiser has control of the content.

What can I do if I see illegal therapeutic claims from other businesses?

You could consider doing one or more of the following:

  1. Contact the business and let them know – although in my experience, it may not make much of a difference.
  2. Report them to the TGA – it’s in the best interests of consumers and businesses who have done the right thing and listed their therapeutic products with the TGA.
  3. Focus on making compliant cosmetic claims for your own products – e.g. surface-level claims that don’t mention relieving any conditions or physiological changes. Just because they are doing it, doesn’t mean it’s the right thing to do.

I know I must sound like a broken record when it comes to therapeutic claims. But I’m passionate about educating skincare brands about what you can and can’t say – for the benefit of yourself and your customers.

Hopefully you’ve learnt something today!

Jen x

P.S. Want to see how much you really know about cosmetics regulations? Test your knowledge with my Cosmetics Compliance Quiz!

You may also like..


Submit a Comment

Your email address will not be published. Required fields are marked *

Jennifer Rudd Skincare Business Foundations 28

Hi, I'm Jen

Founder of Skincare Business Foundations, I help skincare and beauty founders build compliant and ethical brands that last.


Want to be the first to know?

Download a freebie and you’ll be added to the VIP list for future news, updates and VIP-only offers.


Why ‘Clear Beauty’ is the next big thing

Why ‘Clear Beauty’ is the next big thing

Move over Clean Beauty - a new era of Clear Beauty is here! In this industry, where innovation plays a key role and brands are always trying to stand out amongst their competitors, it’s crucial we think about about not just what we're creating but how we're...

Cosmetic versus therapeutic claims: what’s the difference?

Cosmetic versus therapeutic claims: what’s the difference?

I know from personal experience that marketing claims are one of the most confusing parts of running a skincare business, apart from labelling. Working out what you’re legally allowed to say can be tricky to navigate - particularly when it comes to cosmetic versus...

Cosmetics regulations in Australia unpacked – 2024 update

Cosmetics regulations in Australia unpacked – 2024 update

Cosmetics regulations in Australia Being a compliance nerd, I love educating skincare business owners about the laws and regulations they need to comply with. When skincare brand owners think about legislation they need to comply with, they most often think about what...

Importing cosmetics into Australia (+ CHECKLIST)

Importing cosmetics into Australia (+ CHECKLIST)

I often work with cosmetic brand owners and distributors worldwide who want to import cosmetic products, primarily skincare and hair care products, into Australia. Here's how I can help you if you're looking to sell your cosmetics on the Australian market.  Benefits...