New Zealand tightens rules for therapeutic, health ads

The New Zealand Advertising Standards Authority has introduced an updated therapeutic and health advertising code, tightening requirements for claims, evidence, and online moderation across health-related promotions.

The revised rules apply to new advertising campaigns from 1 April 2026. Existing promotional materials must comply by 1 July.

The code aligns with existing obligations under the Medicines Act and draws a clearer boundary between general health services and advertising that meets the definition of a method of treatment.

It covers all media formats, including traditional advertising, digital channels, and influencer marketing on social platforms. It also applies to user-generated content in spaces controlled by advertisers, including comments on business pages and sponsored posts.

Health or treatment

A key change is how the ASA distinguishes between a general "health service" and a "method of treatment". Under the updated code, any actual or implied claim of a therapeutic purpose triggers the stricter requirements for methods of treatment.

The ASA warns that a service can fall into the method-of-treatment category as soon as advertising language implies a therapeutic outcome, which then brings the Medicines Act into play.

"The core difference between the two is that therapeutic word," said Nicola Pierce, TAPS Adjudicator. "So, the moment we start talking therapeutic, you've moved into a method of treatment and all of the corresponding requirements."

To stay within the definition of a general health service, advertisers are urged to use careful wording. The code advises against active or absolute phrases such as "clinically proven," "prevents," "treats," or "cures". Instead, it signals that language should focus on general well-being and support for normal bodily function, without implying a therapeutic effect.

ASA Chief Executive Hilary Souter described the approach as discipline around claims and expectations.

"In contrast to some other advertising, I would encourage you to underpromise and overdeliver as an approach to this type of advertising," said Souter.

Evidence standard

The updated code puts renewed emphasis on substantiation. Advertisers must hold robust evidence for claims before publishing health and therapeutic advertising.

Misleading promotions account for more than half of the consumer complaints the ASA receives, and the revised framework links that complaint profile to higher expectations for what sits behind a claim.

Randomised controlled clinical trials remain the benchmark for acceptable evidence. The ASA has also clarified what it does not consider valid, including substantiation sourced from Wikipedia or general news articles.

This raises the compliance burden for marketers and agencies, and increases risk for businesses that rely on broad claims, informal citations, or content produced without formal review.

Social media duties

The code sets stricter requirements for digital media and influencer marketing. It treats content on an advertiser's social media page as advertising, including user comments.

The same approach applies to comment sections on commercially sponsored influencer posts. Advertisers are responsible for these spaces and must manage them through active moderation.

"All of the content on those social media pages is advertising, including the user-generated content, which includes the comments that people may post," said Souter. "And that's something that you need to manage through moderation."

This requires brands to monitor and respond to audience activity rather than treating it as independent speech. It also raises operational questions for advertisers managing multiple platforms, high volumes of posts, or large influencer networks.

Testimonials and endorsements

The updated framework tightens restrictions on testimonials and endorsements in health-related advertising. It prohibits patient testimonials that describe successful medical treatments, cures, or beneficial health outcomes.

It also bans endorsements by registered healthcare professionals. Consumer testimonials are permitted only when they focus on non-medical aspects of a business, such as service quality or promptness.

"Testimonials are the antithesis of health professional service and contrary to the practice of peer review and evidence-based scientific knowledge," said Souter. "So proceed with caution in this area."

Vulnerable audiences

The code introduces explicit protections for vulnerable audiences and tighter boundaries on emotional messaging. It bans advertising that portrays unrealistic outcomes, causes distress, or exploits emotional vulnerability.

The ASA lists factors that can increase vulnerability, including limited health literacy, social isolation, bereavement, and financial issues.

For businesses in health services and wellness, these protections affect both creative approach and media targeting. They also increase scrutiny of claims that appeal to fear, urgency, or personal insecurity.

Pre-vetting option

The ASA and Medsafe recommend that advertisers use the user-pays pre-vetting service provided by the Therapeutic Advertising Pre-vetting System (TAPS) as they prepare for the new requirements.

The revised code sets clearer lines around what constitutes therapeutic messaging and who is responsible for online content. "The core difference between the two is that therapeutic word," said Pierce.