Over the weekend I got a DM from one of my students saying “So glad I did your course Jen!!”.
A popular wellness brand they follow was recently shut down after apparently getting a warning notice from the TGA.
The brand sold a liver tonic that claimed to “balance iron levels, restore organs and increase energy levels” – but it wasn’t TGA approved so it was actually an illegal therapeutic good 🚫
Even though it’s not a cosmetics brand – the same rules apply around not making therapeutic claims about a product unless it’s on the TGA’s Australian Register of Therapeutic Goods.
A warning notice from the TGA is all it can take to shut your whole business down in an instant.
It’s not the first brand it’s happened to and won’t be the last. They may not even realise they’re doing anything wrong until they hear from the TGA! 😓
(Btw, you might think you’re too small to be noticed by the regulators, but often it’s disgruntled competitors who report non-compliant claims to the TGA for them to take action!)
It’s so devastating for the brand owner who has poured so much time, money, effort and love into the business – all gone to waste when they have to close the business.
Then having to deal with:
- Sudden loss of income
- Expenses still to be paid
- Customers complaining on social media about orders not being received
- Wholesalers that can longer sell the products and need to be refunded.
And the most heartbreaking part is that it can so easily be avoided.
My student was so grateful because she learnt all about how to make compliant cosmetic claims to avoid the same thing happening to her. This is something I’m so passionate about educating brand owners about through my courses and regulatory services!
Check out this recent post for an explainer of cosmetic versus therapeutic claims.
It can be a tricky area to navigate, so if you want more help:
- My Label Launchpad and Compliance Confidence courses include a Cosmetic vs Therapeutic Claims Handbook with Cosmetic Claims Dictionary of terms you can and can’t use.
- Or, if you’re the type of person who wants quick, expert guidance, I can answer questions in a 30 Minute Consulting Session or review your claims in a Compliance Intensive.
Remember – don’t wait until it’s time to do your labels to think about this type of stuff, in case your whole product can’t be sold as a cosmetic in the first place! It’s essential to think about compliance from the beginning ✅
Got concerns about any of your claims? Comment below and I’ll tell you how I can help.
Jen 🤍
HI jen, just wondering if on my label for my magnesium chloride bath salts I can say that it is “the perfect aid to sore & tight muscles, restful & restorative sleep & general NERVOUS SYSTEM health” – i have a feeling this is a THERAPEUTIC claim – is there any way around this? what could I even say to promote this product which is clearly to help body functions.
Thanks
Hi Pearl, yes that would defintely be a therapeutic claim. I have a blog post on cosmetic vs therapeutic claims with more information. But if you’re wanting guidance on what you can legally say, then I’d recommend either grabbing the Compliance Confidence course or booking in for a 30min Consulting Session and we can work through it 🙂 Jen