‘A death knell for wellness influencers’: Why changes to social media ads could force some out

One big change to the way influencers advertise health products on social media could see some leave the industry, experts say.

Australian social media influencers have just days to remove all sponsored testimonials about everything from skincare and sunscreen to vitamins and vaccines to avoid enforcement action from the country’s top medical authority.

New rules about social media advertising will come into force on June 30, in a move experts say was “long overdue” and could reduce potential risks to viewers.

But one industry expert warns the new Therapeutic Goods Administration laws could be a “death knell for wellness influencers,” and an industry insider says “talent’s income will be affected”.

The regulatory changes, introduced in legally enforceable advertising code, will specifically ban testimonials about health products by social media influencers who have been paid by a brand, either in money or goods.

Helen Janneson Bense @helen_jannesonbense is an Australian influencer who posts about health supplements. Picture: Instagram

“This doesn’t prevent influencers from advertising therapeutic goods,” a TGA spokesman said, “however if they have received ‘valuable consideration,’ (such as) payment of any kind, to market the goods they cannot promote their own personal experience with the product.”

Individuals who failed to comply with the new rules could be hit with infringement notices or face criminal prosecution and fines of up to $888,000 for breaches that could lead to harm or injuries.

Social Law Co founder Tegan Boorman, who provides legal advice to the Australian Influencer Marketing Council, said influencers may need to seek advice before posting about health products in future, in addition to auditing their profiles for past breaches.

“Some influencers can still be paid to advertise therapeutic goods, but those advertisements cannot include a testimonial provided by that influencer,” Ms Boorman said.

“For example, before and after photos showing the results achieved by the influencer through the use of the therapeutic good are likely to be considered a testimonial.”

Born Bred Talent founder Clare Winterbourn, who manages the largest roster of Australian TikTok and Instagram influencers, said the rule changes were “really positive” and could help clean up parts of the industry even though they forced others to change course.

“It will hit wellness influencers hard,” Ms Winterbourn said.

“I definitely think a lot of our talent’s income will be affected but I believe the changes will have a positive effect.”

Born Bred Talent founder Clare Winterbourn says the TGA rules will improve the industry.

Digital marketing expert Meg Coffey said the new rules could be a “death knell for wellness influencers if there’s a crackdown,” but it could ultimately protect consumers.

“We’ve long been influenced by testimonials and word-of-mouth but buying a pair of jeans is very different to taking a health supplement,” Ms Coffey said.

“When it comes to our health, there’s a reason doctors go to school for a long time and there’s a reason certain professions are certified.”

Murdoch University social media researcher Dr Catherine Archer said the booming influencer industry, estimated to be worth $150 billion worldwide, had become a “powerful” force in advertising in which regulations in Australia were “long overdue”.

She pointed to the example of Belle Gibson, who amassed more than three million followers on Instagram before her lies about treating cancer with fresh food were exposed.

The new rules also come just three months after the Australian Securities and Investments Commission announced a crackdown on ‘finfluencers’ giving financial advice on social media, and a year after the Australian Association of National Advertisers launched a new code outlining rules for ads on social media.

Melbourne influencer Mia Goreng says she will think twice before promoting health products as a result of the new TGA laws. Source: Instagram

But former Love Island winner and Instagram influencer Anna McEvoy said content creators needed greater guidance on what they could or couldn’t post to avoid accidentally breaking new rules.

“You need to do an analysis of all your social media posts that you promoted months ago,” McEvoy said.

“There’s a lot of grey areas and black-and-white rules would be helpful to a lot of people.”

Melbourne influencer Mia Goreng said the rules about health ads were ultimately a good thing but restrictions on testimonials would make her think twice about collaborating with companies, particularly in exchange for free products.

“I have worked with (skincare) brands in the past but now I don’t want to post about them if I can’t share my experience,” she said. “I don’t want to get in trouble.”

AUSTRALIAN INFLUENCERS WHO MAY BE AFFECTED BY NEW TGA RULES

Chloe Morello (1.2m Instagram, 2.6m YouTube): The popular influencer regularly promotes items from the Sireni skincare line she co-founded.

Loz Curtis (1.1m Instagram, 3.36m YouTube): Lauren Curtis is a make-up artist and beauty founder who demonstrates products on her profiles.

Bec Judd (787,000 Instagram): Model, presenter and former WAG Rebecca Judd has posted testimonials for her skincare line.

Helen Janneson Bense (731,000 Instagram): The Western Australian naturopath often posts testimonials for supplements.

Sammy Robinson (663,000 Instagram/708,000 YouTube): The beauty influencer regularly promotes skincare products on her profiles.

Martha Kalifatidis (643,000 Instagram): Model and former Married At First Sight star Martha Kalifatidis posts paid skincare partnerships on her Instagram page.

Brittney Saunders (604,000 Instagram/1.04m YouTube): The influencer and entrepreneur shares skincare testimonials on Instagram and YouTube.

Sara Crampton (532,000 Instagram): The entrepreneur behind the Harper and Harley account posts about beauty and skincare products, including testimonials.

Jayme Jo Massoud (501,000 Instagram): The Sydney-based influencer offers curly hair tips and also sponsored skincare posts.

Emily Ward (77,300 Instagram/295,000 TikTok): The former Love Island contestant posts glamour and dancing photos, as well as skincare testimonials.