TGA’s bad influence: Health watchdog aiding cosmetic stuff-ups

Young Aussies considering cosmetic surgery may be missing out on vital information as one of the federal government’s health watchdogs seemingly declares war on traditional media while social media influencers freely spruik to their millions of followers.

Influencer Jacquie Alexander documented her experience of the “salmon sperm facial”. Picture: instagram

Major media outlets have been stung with hefty fines and civil court action by the Therapeutic Goods Administration (TGA) for “alleged unlawful advertising” over stories about medical cannabis, weight loss drugs, and cosmetic surgeries.

But while traditional media is being stung by regulators, influencers using social media platforms may be dodging hefty fines.

In the last financial year, the TGA issued three infringement notices, totalling $56,340, to News Life Media Pty Ltd for alleged unlawful advertising of medicinal cannabis online and also commenced civil penalty proceedings against News Life Media Pty Ltd and Mamamia.

However, when asked how many fines have been levelled at influencers utilising social media, the TGA didn’t point out similar punishments - instead saying it had requested the removal of close to 13,500 advertisements from online platforms.

The Daily Telegraph has found countless examples of influencers actively promoting cosmetic procedures, heightened by a trend of women being open about the work they’ve done.

While many podcasters have legal teams behind them, creators posting directly to TikTok often don’t seek legal advice and may be unaware of the restrictions in place.

The latest viral trend causing a stir is the Rejuran treatment -- better known online as the “salmon sperm facial” -- where influencers document their experiences in detail, from before and after photos and clinic footage of the injections.

TikToker Jacquie Alexande, who has 510,000 followers, brought her audience along for the entire process, even documenting the needles being injected. Alexander responded to criticism by claiming the treatment has been researched and originated in Korea in 2014.

In Australia, Rejuran is regulated by the TGA as a Class III medical device and is not prohibited from being advertised to the public. However the procedure carries a risk of swelling, bruising and allergic reactions.

Kat Clark, with 7.6 million followers, also underwent the procedure in May, sharing the experience with her followers.

In the debut episode of her new podcast, Vain-ish, Bec Judd revealed she’s had the treatment twice, calling it a “next generation” cosmetic injectable for thinning skin and joking about the name.

Australian Influencer Kat Clark has 7.6 million followers. Picture: Instagram

Cosmetic surgeries like rhinoplasty and breast augmentation also remain hot topics across both podcasts and social media, even though their use carries with it risks and possible adverse side-effects.

Izzy Armitage has spoken openly to her 138,000 followers about both procedures, naming her surgeons and sharing full cost breakdowns. Jillie Clark also disclosed her surgeon and the specifics of her recent breast augmentation.

And it’s not just women.

Wellness influencer Adam Sullivan has been equally candid with his 715,000 Instagram followers, sharing photos of his hair transplant, including graphic post-op images and naming his surgeon.

Australian wellness influencer Adam Sullivan. Picture: Instagram

A spokesman for the TGA said it is “aware of, and concerned about” the rise of ads for therapeutic goods.

“The advertising rules apply to anyone who disseminates information about therapeutic goods, including media outlets and all media types visible to the public such as web pages, social media, broadcasts and targeted sponsored posts,” he said.

“In addition to infringement notices, we may provide guidance and education, issue warning letters, or initiate civil or criminal court proceedings.”

The government agency said they “work closely with several online platforms, including social media platforms” and when alleged unlawful ads come to their attention they “alert the platform who typically take action quickly within their user policies”.

In the last financial year the TGA requested the removal of close to 13,500 advertisements from online platforms, including ads on social media platforms and from influencers which promoted medicinal cannabis, cosmetic injectables, weight-loss medications and other goods.

The TGA confirmed that 98 per cent of ads and profile removal requests were actioned by platforms during that time.

While the TGA performs an essential role in minimising misinformation that could cause harm, Acting Coalition health spokeswoman Melissa McIntosh said it was up to the TGA to make sure new media was regulated the same as traditional media.

“We know that it is young Australians in particular who are influenced by social media content and must be protected against any inappropriate advertisements, in the same way as consumers of traditional media,” she said.

Ms McIntosh expressed concerns about modernising laws to cover influencers and ads from around the world, which don’t respect international borders.

“The rules and regulations around the advertising of health services are a serious matter,” she said.

Influencer Skye Weatley. Picture: Instagram

“It is critical that they are fit for purpose in the modern context to ensure the TGA can adequately deal with inappropriate practices in the evolving media and digital landscape.”

Other warnings came from the Australian Medical Association, whose President Dr Danielle McMullen “the potential for misinformation and incorrect health advice to spread on social media is limitless”.

“There is no substitute for receiving health advice from your regular general practitioner, and we encourage everyone to think twice before following advice or buying a product just because they saw it advertised by their favourite influencer on social media,” she said.

Doctors are expected to know and follow the guidelines of the TGA, however given the risks involved the results can vary between different individuals.

Pediatrician and Macarthur Labor MP Dr Mike Freelander said the difficulty of various treatments being advertised online was something “all of us in the health field grapple with”.

“Weight loss drugs…I do have significant concerns about people rushing into these sort of treatments – and the online influencers have a role in that – but regulating and disciplining them is difficult,” he said.

“I think TGA does a great job in a complex area, but I do think that in the 21st century we do need to develop systems that can deal with this.

A federal government spokeswoman said the “the rise of unlawful advertising of the therapeutic goods across social media channels” was something the government was “concerned about”.

“Serious breaches of the rules can be a risk to public health,” she said.

“All media need to be compliant and take steps to ensure that they do not inadvertently advertise therapeutic goods.

A Pharmacy Guild of Australia spokeswoman warned consumers to be wary of any product that “sounds too good to be true”.

Anyone considering use of a medical product or a procedure of any kind should seek medical advice from a qualified medical practitioner, as the risks need to be properly understood and results can vary.

Originally published as TGA’s bad influence: Health watchdog aiding cosmetic stuff-ups