New Therapeutic and Health Advertising Code – What you need to know

The Advertising Standards Authority (ASA) has released its updated Therapeutic and Health Advertising Code, with rules that will apply to new advertising from 1 April 2026 and to all therapeutic and health advertising from 1 July 2026.

For businesses operating in health, wellness and “better-for-you” products or services, this is not just a technical tidy‑up – it tightens expectations around claims, evidence and how you communicate with consumers across increasingly digital channels.

What does the Code cover?

The Therapeutic and Health Advertising Code applies to “all words, visual depictions and conveyed context” when advertising:

• Medicines and medical devices;

• Natural health products and dietary supplements;

• Health services; and

• Any advertising that makes a therapeutic purpose or health claim (even if the product or service is not regulated as a medicine).

The Code doesn’t apply to labels or packaging unless a label or packaging appears in an advertisement, in which case any visible aspects of the label or packaging are covered by the Code.

The Code operates alongside existing legislation, including the Medicines Act 1981 and the Dietary Supplements Regulations 1985, which still set the baseline rules for supply and promotion of many therapeutic products.

What’s different with the updated Code?

The updated Therapeutic and Health Advertising Code keeps the same overall scope and intent as the existing Code, but it tightens the rules and modernises how they apply, especially online. The main differences are around language, vulnerable audiences, testimonials and user‑generated content, mandatory information, and expectations for substantiation and digital channels.

Structure and language

• The new Code is in the same format as other recently reviewed ASA Codes and is intended to be “fit for purpose for use in 2026 and beyond” (ASA Codes Committee Report on the Therapeutic and Health Advertising Code Review – November 2025).

• Wording is made more direct and mandatory – for example, shifting “should/shall” to “must” in key provisions, aligning with other ASA Codes.

Vulnerable audiences

• The concept of “vulnerable audiences” is expanded and clarified.

• Vulnerability now expressly includes mental and physical wellbeing and situational vulnerability (such as bereavement, financial stress, limited health literacy, age or social isolation).

• The new Code specifically targets advertising that promotes inappropriate urgency to purchase, unrealistic body image, or exploits emotional vulnerability, which was less explicit previously.

Testimonials, endorsements and user‑generated content

• The updated Code provides clearer, more detailed rules for testimonials and endorsements, including user‑generated content and third‑party endorsements.

• It reinforces compliance with the Medicines Act (for example, section 58 restrictions on therapeutic testimonials and the continuing prohibition on consumer testimonials in direct‑to‑consumer prescription medicine advertising).

• User‑generated comments and reviews on channels the advertiser controls are explicitly treated as part of the advertisement, making advertisers responsible for moderating or removing non‑compliant therapeutic claims.

Mandatory information and presentation

• Prescriptive mandatory information wording that used to sit in the Code is removed in the update; advertisers must now look to Medsafe and relevant industry codes for the exact wording.

• The new Code instead focuses on how mandatory information is presented: it must be legible, audible and delivered in a manner consumers can understand. QR codes or links are an extra access point for further detail, but do not replace the need to include all required information within the advertisement itself.

Substantiation

• The new Code strengthens expectations that advertisers must hold “sound, relevant, clear and robust” evidence before making therapeutic or health claims. The level of evidence will depend on the type of product or service and the claim being made.

• For medicines and medical devices, therapeutic purpose claims must be consistent with the registered product details (not off‑label claims).

Digital, social and influencer channels

• The substance of the Code continues to apply “in any media”, but the updated version highlights application across digital, social, influencer and traditional channels, and frames influencers as a form of media.

• It makes it clearer that advertisers, agencies, media and influencers share responsibility for the compliance of sponsored and brand‑aligned content.

Transitional and process changes

• The updated Code has staged commencement dates: new advertising must comply from 1 April 2026 and all advertising (including existing campaigns and collateral) from 1 July 2026.

• The review process and Codes Committee Report underline a shift towards using ASA guidance and training (webinars, further guidance notes) to support day‑to‑day application of the Code, with some of the more prescriptive mandatory wording removed.

Potential pressure points

“Wellness” blur and borderline products

The Code does not only catch “hard” therapeutic products – it extends to advertising that makes therapeutic or health claims, including in the rapidly‑growing wellness, lifestyle and “bio‑hacking” space.

This means businesses promoting:

a) Supplements and functional foods;

b) Apps and platforms that promise health benefits; and

c) Wearables, monitoring tools and digital “coaching” services,

will need to think carefully about whether their claims stray into therapeutic territory and, if so, whether the underlying evidence is strong enough.

One important practical point is how easily ordinary marketing language can cross the line into “therapeutic purpose”. For example, promotional copy that moves from “supports general wellbeing” into “treats”, “prevents” or “relieves” a specific condition is more likely under the updated Code to be treated as a therapeutic claim that needs strong evidence and closer alignment with medicines regulation. Advertisers may need to recalibrate the “tone” of their health‑related messaging, not just adjust a few words here and there.

Social media and influencers

The updated Code sits against a backdrop of increased focus on digital advertising standards, including social media and influencer marketing. While the Code itself is not a social‑media‑specific instrument, advertisers should expect that:

• Influencer posts promoting therapeutic or health benefits will be judged under the same lens as traditional advertising.

• Brands will need clear guidelines and monitoring processes for testimonials and user comments that make or repeat therapeutic claims on their channels.

• “Soft” content (for example, wellness tips or routines) can still be treated as advertising if it promotes your products or services.

The operational challenge for advertisers here may be less about writing a compliant script and more about moderating content in real time – particularly for always‑on channels and campaigns that rely heavily on community engagement.

Disclaimers and fine print

The ASA has signalled a stronger emphasis on clear, substantiated claims, and this may mean less tolerance for reliance on disclaimers or qualifications buried in fine print.

Advertisers should prepare for:

• More scrutiny of the quality and relevance of studies or data used to support therapeutic claims.

• Closer attention to overall impression, including imagery – if the headline and visuals promise more than the evidence supports, a footnote is unlikely to save the ad.

• The deterrence of misleading or unsubstantiated claims through financial penalties becoming an increasing focus of regulators generally.

For many clients, this may mean revisiting internal “claim substantiation” playbooks – not just for high‑risk products, but for everyday health‑adjacent messaging.

Next steps for advertisers

1. Map your exposure

• Identify all products, services and channels that involve therapeutic or health‑related advertising.

• Pay particular attention to grey‑area offerings (for example, digital health tools or wellness services) that may not have been treated as “therapeutic” previously.

2. Review your claims and evidence

• Catalogue key claims used across campaigns, packaging and digital content, then match them against the evidence you hold.

• Flag claims that rely heavily on global marketing copy, legacy data or anecdotal support for deeper review. Global materials being localised for New Zealand should be reviewed early, so there is time to negotiate changes with offshore brand owners where needed.

3. Tidy up digital ecosystems

• Audit websites, apps and social channels for older claims that might resurface after 1 July 2026.

• Refresh influencer agreements and guidelines so they reflect the updated Code.

4. Update governance and training

• Ensure marketing, product and legal teams have a shared understanding of the updated Code and where it intersects with other regimes (including the Medicines Act and the Fair Trading Act).

• Build Code considerations into existing sign‑off processes, rather than creating a standalone “bolt‑on”.

5. Plan for complaints and enquiries

• Consider how you will respond if a complaint is raised – who will lead, how quickly you can locate supporting evidence and what your remediation options are.

• For some businesses, engagement with industry training offered by the ASA may be useful.

Hudson Gavin Martin regularly advises clients on advertising, consumer and regulatory issues across health‑adjacent sectors. If you would like to discuss how the updated Therapeutic and Health Advertising Code might affect your business, please get in touch with us.

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