Take a cursory scroll through Instagram and it’s likely your feed will be bombarded with a number of influencers waxing lyrical about a new moisturiser, lip balm, some kind of hair mask, or the best-tasting protein shake that’s only recently been discovered. From pre-workout to supplements and healthcare products, there’s no limit to what influencers are raving about. And while a lifestyle of luxury and the kind of appearance that seems perpetually airbrushed can be intoxicating for viewers, seeing them reaching deep into their pockets to fork out cash on such products without so much as a read of the ingredients, some things are too good to be true.
If you’ve ever found yourself doubting the review of an influencer, you’re not alone. In recent years, as influencers come to make sizeable incomes from the products they review, viewers have come to question just how credible their reviews are, given that it’s a transactional relationship. Now, in an attempt to crack down on unreliable reviews, the TGA has announced influencers are no longer allowed to share their personal experience or feelings about a range of skin and healthcare products.
In an interview with The Australian, influencer Emma Mugica said the new changes would be devastating for her income and online earnings, most of which is supported by paid partnerships with skincare, wellness, vitamin and protein brands. “Influencer marketing is the number one strategy for most companies. By pulling that away from them, not only are the influencers losing out on their job, but the companies are also losing out on a lot of business.”
The new ruling will come into effect from July 1. Rules apply to testimonials and, as multinational law firm King & Wood Mallesons explains, regardless of whether a testimonial is genuine, anyone who receives “valuable consideration” is considered “involved with the production, sale, supply or marketing of the goods,” which prohibits them from making a testimonial.
For clarification, “valuable consideration” takes into account anything from non-monetary items like services, gifts, opportunities and other incentives. The code also applies to all therapeutic goods, including medicines, medical devices, vitamins and some cosmetics. Even a moisturiser with sunscreen would apply, as it helps protect the skin from the damaging effects of UV radiation.
Explaining the need for the rulings, TGA said: “Advertising of therapeutic goods requires a higher ethical standard than may apply for advertising of ordinary consumer goods because consumers rely on therapeutic goods for their health.”
“It can be difficult for a consumer to determine the appropriateness of a therapeutic good for their particular circumstances, so it is important that promotional material is truthful, balanced and not misleading.”
While the rules only come into effect from July 1, they will apply to posts that are currently live. Therefore any influencers will need to remove these posts by July 1 if they do not meet the new code.
