In Australia, the claims you make about a skincare product decide how it is regulated. Say your moisturiser "hydrates dry skin" and it is a cosmetic. Say it "treats eczema" and it becomes a therapeutic good, which must be entered on the Australian Register of Therapeutic Goods (ARTG) before it can be supplied or advertised. Most small brands can't meet those requirements, so getting your claims right matters from day one.
How the TGA decides what your product is
The Therapeutic Goods Administration (TGA) looks at four things:
- the claims you make, on the label, website, social media and anywhere else you promote it
- the ingredients and how much of each is in the product
- how it is used, for example on the skin, in the mouth or swallowed
- whether it is an excluded good under the Therapeutic Goods (Excluded Goods) Determination 2018
Cosmetics change the appearance or odour of the body, cleanse it, keep it in good condition or protect it. Therapeutic goods prevent, treat or relieve a disease, condition or ailment, or change how the body works. It's your responsibility as the supplier to work out which side of the line your product sits on.
Cosmetic claims compared with therapeutic claims
| Usually cosmetic | Usually therapeutic |
|---|---|
| Contains shea butter to moisturise and hydrate the skin | Heals or repairs damaged skin by regenerating skin cells |
| Helps your skin look even and smooth | Reduces skin pigmentation and uneven skin tone |
| Smooths the appearance of fine lines | Stimulates collagen production to repair skin at the cellular level |
| Helps skin look firm | Treats or relieves acne, eczema, psoriasis or burns |
| Cleanses the hair and scalp | Promotes hair growth or reduces hair loss |
Notice the pattern. Cosmetic claims describe how skin looks or feels. Therapeutic claims describe a change in how the body works, or a disease or condition.
Context counts as much as wording
A claim that looks cosmetic on its own can become therapeutic in context. The TGA gives the example of a moisturiser shown next to images of a severe skin condition, or promoted on a support website for people with psoriasis. Before-and-after photos, testimonials about a condition and influencer posts can all change how your product is presented, so check them as carefully as your label.
Products that need extra care
Sunscreens
A primary sunscreen, where sun protection is the main purpose, is a therapeutic good. Some secondary sunscreens, such as moisturisers, tinted bases and lip balms with sun protection, can be excluded if they meet the conditions in the Determination. A moisturiser, for example, must not claim an SPF above 15.
Anti-acne products
A product is only excluded from therapeutic regulation if it helps prevent acne solely by cleansing, moisturising, exfoliating or drying the skin. Claims to treat or relieve pimples or acne make it a therapeutic good.
Anti-dandruff products
The same rule applies. An anti-dandruff product is only excluded if it controls dandruff solely by cleansing, moisturising, exfoliating or drying the scalp. Anti-fungal or medicated claims make it therapeutic.
Hair products
Shampoos and serums that claim to promote hair growth or reduce hair loss are therapeutic goods. "Thicker-looking" or "fuller-looking" hair describes appearance, which is a cosmetic claim.
Cosmetic claims still have to be true
Staying out of the TGA's area doesn't mean anything goes. Under the Australian Consumer Law, every claim must be accurate and able to be backed up. Claims such as "chemical-free", "100% natural", "hypoallergenic" or "clinically proven" can mislead if you can't support them, and vague environmental claims are a current focus for the ACCC.
A quick claims checklist
- Does any claim mention a disease, condition or symptom? If so, rewrite it.
- Does any claim describe a change in how the body works, rather than how it looks or feels? Rewrite it as an appearance claim.
- Do your images, reviews or influencer posts imply treatment? Remove or replace them.
- Can you prove every claim with evidence you could show a regulator?
- If your product has sun protection, anti-acne or anti-dandruff claims, does it meet the conditions in the Excluded Goods Determination?
Get your claims checked
If you're unsure about a claim, have it reviewed before your labels are printed. Changing a claim at that stage costs far less than reprinting labels or answering a complaint. Our team offers claims reviews and label compliance checks for brands we make products for through our private label service. You can also work through it yourself with our Cosmetic Labelling and Compliance in Australia eBook and Cosmetic Compliance Checklist.
Frequently asked questions
Can I say my product is good for sensitive skin?
Generally yes, as long as you can support it and don't link it to a condition. "Suitable for sensitive skin" is a cosmetic claim. "Soothes eczema" is therapeutic.
Can I say my product reduces wrinkles?
Describe appearance instead. "Smooths the appearance of fine lines" is a cosmetic claim. Claims about rebuilding collagen or repairing skin at a cellular level are therapeutic.
Does using a well-known active ingredient make my product therapeutic?
Not on its own, but the ingredient, its concentration and the claims are all considered together. Some ingredients are also controlled by the Poisons Standard, so check before you formulate.
Do social media posts count?
Yes. Your product is judged on how it is presented everywhere, including your website, social media and posts by people you work with.
This article is general information based on TGA guidance, current as at October 2026, and is not legal advice. For a specific product, check the TGA's guidance or get independent advice.