ASA tightens rules on therapeutic & health ads for 2026

The Advertising Standards Authority has released a revised Therapeutic and Health Advertising Code for 2026, tightening rules on vulnerable audiences, mandatory information, and the management of user-generated content across digital platforms.

The updated code will be introduced in phases. New advertising created after April 1, 2026, must comply from that date. All advertising, including existing campaigns, must comply by July 1, 2026.

The code also shifts key requirements into more direct language, replacing terms such as "should" and "shall" with "must". This aligns the provisions with other ASA codes that use mandatory wording.

Mandatory information

The code removes the prescribed wording for mandatory information that previously appeared in the code itself. Advertisers must now refer to Medsafe guidance or the Therapeutic Advertising Pre-vetting Service guidance for the correct language for each classification of medicine and medical device.

The revision also places greater emphasis on presentation. Mandatory information must be legible when shown as text and audible when delivered in spoken form. Spoken information must also be delivered at a speed consumers can understand.

QR codes and hyperlinks do not substitute for mandatory information. Required statements must appear in the advertisement.

Vulnerable audiences

A substantially expanded section addresses vulnerable audiences, explicitly prohibiting content that promotes "inappropriate urgency", "unrealistic body image", or the exploitation of "emotional vulnerability". It also adds definitions focused on taking advantage of consumers, causing distress, or creating undue pressure to conform.

Vulnerability is framed as both personal and situational. The code lists factors that can increase vulnerability, including mental or physical health issues, very young or elderly age groups, limited health literacy, and social isolation. It also includes circumstances such as bereavement and financial difficulties.

These provisions are particularly relevant for fast-moving categories such as weight management, beauty, supplements, and devices marketed for pain relief or wellbeing. They also increase scrutiny of calls to action, before-and-after imagery, and messaging linked to anxiety about health and appearance.

Testimonials and comments

Testimonial rules are reinforced through alignment with the Medicines Act, including Section 58 restrictions on testimonials that contain therapeutic claims or describe personal benefit. Consumer or patient testimonials remain prohibited in direct-to-consumer advertising for prescription medicines.

The revised code also treats user-generated content as the advertiser's responsibility on channels it controls, including social media pages with editing functions and third-party review sites managed by the advertiser. If a consumer comment functions as a testimonial with a therapeutic claim, it is treated as part of the advertisement and may need to be removed.

Advertisers are expected to proactively monitor comments on platforms they control, reflecting the role of social media in modern marketing, where consumer engagement can sit alongside paid posts and official brand content.

The rules distinguish between controlled and uncontrolled environments. The ASA does not take jurisdiction over platforms such as Google Reviews, where an advertiser cannot directly edit or remove messages.

Section 58 restrictions also affect how brands interpret comments. A social media comment counts as a therapeutic claim when it describes a health impact or personal benefit from using the product. Comments about service experience, such as delivery speed, do not fall into this category.

Claims and evidence

The code takes a stricter approach to the boundaries of therapeutic claims. Claims for medicines must align with Medsafe-registered indications. Claims for medical devices must align with the intended purpose listed on the Web Assisted Notification of Devices database.

Clinical papers cited in advertising may support only claims that fall within those registered details. Clinical evidence cannot be used to support off-label claims, even where a study is scientifically valid.

The revised framework also restates expectations for substantiation. Advertisers must hold evidence before a campaign begins, aligning with Fair Trading Act requirements for truthful and non-misleading claims. This increases the compliance burden for rapid content cycles on social media and influencer channels, where brands often post frequently and respond quickly to trends.

The code also highlights differences between advertising aimed at consumers and advertising directed at healthcare professionals. Mandatory information requirements differ between these audiences. Guidance is expected to play a larger role in day-to-day compliance decisions as the code itself contains less prescribed language.

Influencers and media

Influencers are covered by the code as a form of media. The rules apply across digital, social, influencer, and traditional channels, placing compliance responsibility on advertisers, agencies, and individuals publishing sponsored or brand-aligned content.

The approach reflects a platform-neutral stance focused on whether content functions as an advertisement.

"We don't care where it is. We care what it is," said Hilary Souter, Chief Executive at Advertising Standards Authority (NZ).