#70 Influencer Marketing and the TGA rules
Welcome to season 6 of the podcast!
In this season I’m sharing solo and guest episodes that address all of the questions that I get asked, advice that I give repeatedly and the guidance I’m often providing to clients.
I can’t wait!
In this episode, I’m talking about influencers. There has been a lot of hysteria around working with influencers in your business because of the new rules the TGA has introduced around influencer marketing.
If you’re working with an influencer AND selling therapeutic goods (eg. wrinkle cream) then the new rule changes will impact you. Influencers can no longer be paid (or given products) to provide testimonials on your products.
As a result, I’m frequently asked if it’s possible to keep working with an influencer?
How?
What if I’ve worked with one previously and have social media posts from them, do I have to take them down?
I’ll talk about how these rules affect you and your business and answer all of these questions to help give you peace of mind and ensure that you’re compliant with the law.
TOPICS DISCUSSED AND WHERE TO FIND THEM:
[1:45]: Let’s take a moment to break down the rules the TGA has introduced around influencer marketing to work out if they apply to you.
[1:56]: If you’re working with an influencer AND selling therapeutic goods (eg. wrinkle cream) then the new rule changes will impact you. These rules bring in influencer marketing into the existing rules of the advertising code. Influencers can’t be paid (or given products) to give you testimonials on your products.
[3:08]: You can still use influencers, they are just now bound by the advertising code.
[3:37]: The obligation is on both the influencer and the business to understand these rules.
[4:01]: As an influencer, you must be crystal clear on what the client is asking you to do. If a therapeutic good is involved then you must ensure that you’re not breaching the TGA rules.
[4:35]: If you have existing contracts in place, you can’t continue on under the contract in breach of the law. Either seek a variation to your agreement or enter into a new agreement.
[5:45]: Review content on social media that is now in breach of the TGA rules and take them down immediately.
[6:24]: Social media posts that promote the use of the product then it is an advertisement and comes under the TGA rules.
[7:37]: If you’re engaging an influencer as a business owner - make sure you have the agreement in writing.
[9:30]: This season of the podcast is all about your questions answered - if you have anything you’d like us to address - send a message through Instagram, the website or email tracey@tmsolicitor.com.au.
LINKS:
Get your copy of my Annual Legal Checklist here
