Advertising standards tightened to protect Kiwi consumers

New Zealand advertisers of health products face tighter rules on evidence, testimonials, and the treatment of vulnerable audiences under updated advertising codes that will be phased in between April and July.

The Advertising Standards Authority (ASA) has updated the Therapeutic and Health Advertising Code, affecting marketing for products such as dietary supplements and natural remedies. The changes also place greater emphasis on how mandatory statements are displayed across channels, including social media and influencer activity.

The timetable splits requirements between "new advertising" and material already in the market. Advertising created or conceptualised after April 1 must comply with the updated code. From July 1, all advertising still running must meet the new requirements, including older campaigns.

In an ASA webinar, Hilary Souter, the speaker, said "new advertising" is defined by when the work is created. That distinction matters for campaigns developed over a long period and scheduled to launch around the changeover. Material launched just before April can continue under the existing rules until the July deadline, provided it complies by that date.

Broader definitions

The updated code introduces new and expanded definitions across core concepts. It updates how the rules refer to "health products" and "health support claims". It also provides fuller definitions of "testimonials", "endorsements", and "substantiation", alongside changes to product categories.

The changes also sharpen expectations around social responsibility and truthfulness. Webinar guidance said advertisers must avoid therapeutic claims that suggest a product can cure a condition or alter the body's state.

Vulnerable audiences

Rule 1C, which covers vulnerable audiences, has been refined. Instead of a strict definition, the code now uses examples and points to factors that may increase vulnerability, including very young or elderly audiences, mental or physical health issues, limited health literacy, social isolation, or financial distress.

This approach gives advertisers more scenarios to consider when assessing potential harm, and signals that vulnerability can be situational rather than tied to a single demographic category.

Mandatory information

Rule 1A has been elevated to a high-level requirement. The updated code does not list specific mandatory statements within the rules. Instead, it requires information to be present, legible, and clear, and directs advertisers to external bodies for wording requirements.

In practice, this puts more emphasis on execution across formats. Guidance covers text size, contrast, and colour for screen-based advertising, as well as audibility for radio and other audio formats, including delivery speed.

The webinar gave examples of current wording for some categories. For products containing only vitamins and minerals, the standard statement is: "Always read the label and use as directed. Vitamins and minerals are supplementary to and not a replacement for a balanced diet," along with the company name and city.

Products with ingredients beyond vitamins and minerals, such as probiotics or herbal ingredients, may require an additional statement. Guidance said an extra sentence is required where a product contains additional ingredients or makes claims about symptoms: "If symptoms persist, see your healthcare professional". Some advertisers use the longer statement for all products to simplify compliance.

Channel rules also shape compliance decisions. For Google Ads, the mandatory text must be pinned so it appears every time the ad is shown, and keyword insertion is not permitted for these statements. The webinar also said QR codes cannot replace mandatory information in New Zealand.

Comparisons and evidence

The updated code explicitly restricts direct-to-consumer comparisons of prescription medicines. It also addresses direct or implied comparisons between health products and medicines or medical devices.

It sets clearer requirements for documentary evidence, clarifies where therapeutic claims are permitted and where they are not, and outlines expectations for substantiation.

Influencer limits

Webinar guidance sets strict limits on influencer marketing for health products. Influencers may act as presenters and must stick to factual statements. They cannot provide personal endorsements or opinions.

They also cannot claim personal health benefits or therapeutic outcomes. The webinar described gifting products as high risk if it leads to posts claiming a product changed someone's physical state.

Disclosure remains a central requirement. It must be immediately clear that content is advertising, using labels such as #ad, sponsorship statements, or platform "paid partnership" tools.

Mandatory information rules apply to influencer posts as well. Advertisers must also manage hashtags, since they form part of the advertising copy. Hashtags that imply therapeutic purposes, such as #cure, are prohibited under the guidance.

The webinar also said advertisers and influencers are responsible for user-generated content in comments. A non-compliant therapeutic claim made by a follower can be treated as part of the advertisement. Brands and creators must remove problematic comments or correct the record. Guidance urged advertisers to set clear policies on who monitors and manages comments, whether that is the influencer or a brand team.

Website links

The updated approach also increases risk around linking. Even a compliant ad can breach the code if it sends users to a website containing non-compliant therapeutic claims. Webinar guidance said the ASA generally treats all content on a brand's website as advertising, so the website must align with the therapeutic and health advertising codes.

Speakers also reiterated an existing restriction on depicting the consumption of health products in advertising. The webinar said that showing people taking a vitamin or supplement has never been permitted.

Nicola Pierce, TAPS Adjudicator, highlighted the tension between influencer marketing norms and therapeutic advertising expectations.

"The reality is that we're in the health space and frankly influencers weren't created to be part of the health space, I would venture to suggest," said Pierce.