Ahpra’s 2020 COVID-19 advertising statement and what still applies

Ahpra’s March 2020 warning on COVID-19 advertising claims, what it required, and how its evidence rules still shape health marketing today.

31 March 202013 min read

On 31 March 2020, early in the pandemic, Ahpra and all National Boards issued a joint statement on false and misleading COVID-19 advertising. It told registered health practitioners not to claim that their services or products could prevent COVID-19, protect people from catching it, or speed up recovery, and to share only scientifically accurate information from authoritative sources.

This article looks back at that 2020 statement. The pandemic emergency has passed, but the statement is still listed by Ahpra as a current National Board statement related to advertising, and the principle at its centre, that you must be able to back up any claim you make about a treatment, is a permanent part of the rules. It is also the clearest example of how regulators respond when health anxiety in the community meets opportunistic marketing. The same thinking applies to the next outbreak, the next flu season or the next wellness trend.

Later changes you should know about

Several things have moved on since March 2020, so read the statement alongside these later developments:

Revised advertising guidelines took effect on 14 December 2020. The National Boards’ Guidelines for advertising a regulated health service were revised and now include detailed guidance on what counts as acceptable evidence for claims about a treatment. These remain the current general advertising guidelines.
Vaccination statements followed. Ahpra and the National Boards issued a joint position statement on COVID-19 vaccination on 9 March 2021. Ahpra says it has been superseded by FAQs published on 11 December 2023. A joint TGA and Ahpra statement on promoting COVID-19 vaccinations was published on 17 June 2021.
Penalties went up. In 2022 the National Law was amended to increase the maximum penalties for advertising offences. Ahpra states the maximum rose from $5,000 to $60,000 for an individual and from $10,000 to $120,000 for a body corporate, and that the increased penalties apply in all jurisdictions, including Western Australia, as of July 2024.

We cover the 2020 revised advertising guidelines and the 2022 penalty increases in separate articles.

What changed

Strictly speaking, the March 2020 statement did not create a new rule. It applied the existing advertising provisions of the Health Practitioner Regulation National Law (the National Law) to a new and fast-moving situation. What changed was the regulators’ public focus. Ahpra said that while most practitioners were acting professionally, it and the National Boards had seen some false and misleading advertising about COVID-19.

The statement was issued by Ahpra and all National Boards together, which is unusual. Most advertising position statements are issued by a single Board for a single profession. A joint statement signalled that the concern cut across every profession.

The key messages were:

Practitioners should share only scientifically accurate information from authoritative sources, such as state, territory or Commonwealth health departments, or the World Health Organization.
At the time, Ahpra said there was “no cure or evidence-based treatment or therapy which prevents infection by COVID-19”, and that work on a vaccine was underway.
Apart from sharing authoritative health information, practitioners should not make claims about preventing or protecting patients from COVID-19 or accelerating recovery. Ahpra said such claims risk public safety and may be unlawful.
Advertisers must be able to provide acceptable evidence for any claims they make about treatments.
For registered practitioners, breaching advertising obligations is also a professional conduct matter that may lead to disciplinary action.

The examples Ahpra gave

The statement named the kinds of claims it had seen: advertising that said spinal adjustment or manipulation, acupuncture and some products could confer or boost immunity or enhance recovery from COVID-19, when there was no acceptable evidence to support that. Naming specific treatment types made the warning concrete: the problem was not the treatments themselves, but the claims attached to them without evidence.

Therapeutic goods as well as services

The statement also pointed out that there are significant penalties under the Therapeutic Goods Act 1989 for false and misleading claims about therapeutic products. That was a reminder that a practice selling or recommending products, such as supplements marketed for immunity, has a second regulator to answer to: the TGA.

Advice to the public

Ahpra encouraged patients to treat COVID-19 advertising with caution, to check authoritative health sources, and to ask their practitioner for the information that supports any advertising claim before making treatment decisions. For you, that means a patient may well ask to see your evidence. Your marketing should be built on claims you would be comfortable explaining.

Who it applies to

The statement applies to all registered health practitioners in every profession regulated under the National Law. That includes medical practitioners, nurses and midwives, dentists, pharmacists, physiotherapists, chiropractors, osteopaths, Chinese medicine practitioners, psychologists and the other registered professions.

The advertising provisions of the National Law apply to anyone who advertises a regulated health service, not just practitioners. Practice owners, managers and marketing contractors who publish content for a practice are therefore part of the picture. If you run a clinic that employs registered practitioners, your practice website and social media accounts are advertising a regulated health service.

The examples in the statement point most directly at chiropractic, acupuncture and Chinese medicine, and practices selling wellness or immunity products. But the same principles apply to a GP clinic, a dental practice or a cosmetic clinic that makes health claims during any public health event.

What the rules require

No claims about preventing, protecting against or speeding recovery

The heart of the statement is simple: do not claim, directly or by implication, that your service or product prevents infection, protects against it or helps people recover faster unless there is acceptable evidence. Implication matters. A post that pairs “boost your immune system” with a picture of a virus, during an outbreak, carries a message even if it never names the illness.

Share authoritative information only

The statement did not ask practitioners to stay silent. It asked them to share accurate information from authoritative sources. Reposting or linking to health department or WHO advice is the safe model. Writing your own interpretation of emerging science, and attaching it to a call to book an appointment, is where risk starts.

Be able to provide acceptable evidence

Ahpra’s current advertising guidelines, which took effect on 14 December 2020, explain what acceptable evidence looks like. They say acceptable evidence “mostly includes empirical data from formal research or systematic studies” in the form of peer-reviewed publications, and that a systematic review of relevant randomised controlled trials is the highest level of evidence. Where there is no systematic review, all relevant sources of evidence should be considered, rather than selecting only the research that supports your claim.

The guidelines list types of evidence that are generally not accepted, including anecdotal evidence based on observations in practice, single case studies, self-assessment studies and before-and-after studies with few or no controls. In other words, “our patients have found it helps” is not evidence for an advertising claim.

Advertising breaches are conduct matters

The statement made clear that a registered practitioner who breaches advertising obligations may face disciplinary action, particularly where the advertising is clearly false, misleading or exploitative. That is separate from, and in addition to, the offence provisions of the National Law. A single post can therefore have consequences for both your practice and your registration.

What it means for your marketing

Website

Review any service page that mentions immunity, infection, recovery or resilience. These words are not banned, but they carry a claim. If a page says a treatment “supports immune function” or “helps you bounce back from illness”, you need acceptable evidence for that specific claim, in that specific context. If you have news or blog posts from 2020 and 2021 that discuss COVID-19, check them. Old posts are still advertising while they are live on your site. Either update them to point to current health department information or remove them.

Google Business Profile and reviews

Google Business Profile posts and updates are short, and short copy tends to overclaim. Avoid posts that tie your services to outbreaks or seasonal illness in a way that suggests protection. Separately, remember that the National Law prohibits using testimonials in advertising a regulated health service. A patient review that says a treatment helped them recover from an illness should not be reused or promoted in your advertising.

Social media

The 2020 statement itself does not mention social media, but Ahpra’s separate social media guidance makes clear that the National Law and advertising guidelines apply to advertising on social media. Social posts are often written quickly in response to the news cycle, which is when claims slip through. If staff can post to your practice accounts, give them clear rules: link to official sources, do not add treatment claims, and check before posting anything health-related during a public health event.

Paid ads

Paid search and social ads are often written to match what people are searching for. During an outbreak, that can mean ads targeting illness-related searches. If your ad appears on a search about an infection and promotes a service, the context itself may imply a claim. Review keyword lists and audiences, not just the ad text.

Email and SMS

Patient newsletters and recall messages are advertising when they promote your services. A newsletter that offers an “immunity package” or “winter wellness” bundle needs the same evidence standard as a web page. If you include public health information, quote or link to the authoritative source.

Printed and in-clinic material

Posters, flyers and product displays in waiting rooms count too. Supplements and other products displayed with health claims may also fall under TGA rules. Check point-of-sale materials supplied by product companies, as these may not have been written with your obligations in mind.

Common mistakes we see

Leaving old pandemic content live. A 2020 blog post about “staying healthy during COVID” that promotes a treatment is still advertising today.
Riding the news cycle. Topical posts written in a hurry are the most likely to overreach. The pressure to post quickly is exactly when checks get skipped.
Treating “wellness” language as safe. Words like “support”, “boost” and “strengthen” still make claims about effect.
Relying on clinical experience as evidence. Observations in practice are not acceptable evidence for advertising claims under the guidelines.
Forgetting the product side. Promoting immunity supplements brings TGA advertising rules into play as well as the National Law.
Assuming a personal account is exempt. If a practitioner’s personal account promotes their services, it can be advertising.

A practical checklist

Search your website, blog and social media history for COVID, coronavirus, pandemic, virus, immunity, immune and recovery. Review every result.
Remove or update any content that claims or implies a service or product prevents, protects against or speeds recovery from an illness without acceptable evidence.
For each health claim on your site, note the evidence you rely on. If it is anecdotal or based on observation in practice, rewrite or remove the claim.
Replace your own summaries of public health advice with links to the relevant health department or WHO page.
Check that patient reviews and testimonials are not used in your advertising.
Review paid search keyword lists and social ad audiences for illness-related targeting.
Check product displays, flyers and supplier materials in the clinic for therapeutic claims.
Write a short social media procedure for public health events: who can post, what sources to use and who approves health-related posts.
Keep a record of what you checked and when, so you can show your process if asked.

How this fits with other rules

The National Law and Ahpra. The statement sits under section 133 of the National Law, which prohibits advertising a regulated health service in a way that is false, misleading or deceptive, among other things. The National Boards’ advertising guidelines explain how that applies, including the evidence standard. The statement is a focused application of those rules.

The TGA. Claims about therapeutic goods, including supplements and other products, are regulated under the Therapeutic Goods Act 1989 and the TGA’s advertising rules. When the COVID-19 vaccines arrived, the TGA and Ahpra issued a joint statement on 17 June 2021. It said that where promoting COVID-19 vaccines involves advertising a regulated health service, it must comply with both the TGA’s guidance and the National Law. The TGA guidance said materials must not be misleading or deceptive, must not claim vaccination is totally safe, and must not compare the different types of COVID-19 vaccines. The joint statement also noted that information shared between a practitioner and patient during a consultation is not subject to the therapeutic goods advertising rules.

Offers. The same joint statement noted that under the National Law, offers of gifts, discounts or other inducements are permitted in advertising regulated health services as long as the terms and conditions of the offer are stated. Other rules may still limit offers in some areas, such as cosmetic procedures.

Vaccination content. The 2021 joint position statement on COVID-19 vaccination has been superseded by FAQs published on 11 December 2023. If you publish vaccination information, read the current FAQs on Ahpra’s vaccination and immunisation information page.

Consumer law. The Australian Consumer Law also prohibits misleading or deceptive conduct by businesses, which can include health businesses and product sellers.

Frequently asked questions

Is the 2020 COVID-19 advertising statement still current?

Ahpra’s page of National Board statements related to advertising still lists “False and misleading advertising on COVID-19”, dated 31 March 2020. The specific COVID-19 context has changed, but the principles it applies, accurate information and acceptable evidence for claims, are part of the current advertising guidelines.

Can we post public health updates on our practice social media?

Yes. The statement encouraged practitioners to share accurate information from authoritative sources such as health departments or the World Health Organization. The safest approach is to share or link to that information directly, without adding claims about your own services.

We are a chiropractic or acupuncture clinic. Can we say treatment supports immunity?

The 2020 statement specifically referred to advertising that claimed spinal adjustment or manipulation and acupuncture could boost immunity or enhance recovery from COVID-19 without acceptable evidence. Any claim about immunity needs acceptable evidence as defined in the advertising guidelines. If you cannot point to it, do not make the claim.

What counts as acceptable evidence?

The advertising guidelines say acceptable evidence mostly includes empirical data from formal research or systematic studies published in peer-reviewed literature, with systematic reviews of randomised controlled trials at the highest level. Anecdotal evidence, single case studies and self-assessment studies are generally not accepted.

What happens if a practitioner gets it wrong?

The statement says breaching advertising obligations is a professional conduct matter that may lead to disciplinary action, particularly where the advertising is clearly false, misleading or exploitative. Advertising offences under the National Law can also attract financial penalties, which were increased in 2022.

Does this apply to products we sell in the clinic?

Yes, in two ways. If the product is promoted as part of your health service, the National Law applies. Claims about therapeutic products are also regulated under the Therapeutic Goods Act 1989, which the statement noted carries significant penalties for false and misleading claims.

Need a hand?

If your website and social channels have years of content built up, including pandemic-era posts, an AHPRA compliance audit is a practical way to find and fix claims that no longer hold up. If you sell or recommend products, our TGA advertising compliance review covers that side too, and our compliance training helps staff who post on your behalf know where the lines are.

This article is general guidance based on the published rules, not legal advice. Final responsibility for advertising sits with the registered practitioner, and complex situations may need independent legal advice.