In this article
The legal test looks at the material, not the labelFactors that can change the meaning of a pageExamples of information that may be non-promotionalWhy this distinction matters to readersFrequently asked questionsIs a product review always advertising?Can an FAQ or SEO article count as an advertisement?Further readingOfficial sourcesRelated articles
A website can advertise vaping goods without displaying a banner saying “Buy now”. In April 2026 the TGA updated its guidance on how it decides whether material about therapeutic goods and vaping goods is advertising. The key issue is the promotional effect of the content as a whole.
The legal test looks at the material, not the label
The definition of advertising includes communications intended to promote the use or supply of vaping goods, directly or indirectly. The TGA says an assessment is case by case. Calling a page a “guide”, “review”, “FAQ” or “independent resource” does not control its legal character. Nor does a statement that the publisher did not intend to advertise. The regulator looks at whether the content appears designed or calculated to promote those goods.
Factors that can change the meaning of a page
A page describing a physical product's features could be genuinely informative in one setting and promotional in another. Relevant factors can include the language used, the prominence of named products, favourable claims, purchasing instructions, price mentions, a link to a sales catalogue, the relationship between author and supplier, and nearby images or banners. A sentence that is neutral by itself may form part of an advertisement when read alongside an invitation to obtain the device.
Examples of information that may be non-promotional
The TGA identifies examples of non-promotional communication, such as factual company operating information that does not promote goods and some replies to specific unsolicited inquiries. A description of law, the meaning of an ARTG entry, or a reporting procedure can be informative. However, the surrounding page and destination links remain relevant. A disclaimer saying “not advertising” cannot automatically cure promotional content.
Why this distinction matters to readers
Readers should be able to distinguish independently verifiable regulatory information from commercial persuasion. When evaluating online material, consider whether it cites primary government sources, identifies which class of device is involved and avoids implying that legal supply arrangements make a device suitable for every person. Promotional language about therapeutic outcomes should be treated cautiously unless evidence and lawful authorisation are clear.
Frequently asked questions
Is a product review always advertising?
Not in every setting. The content, commercial relationship, audience and overall promotional impression determine whether it is advertising.
Can an FAQ or SEO article count as an advertisement?
Yes, if in context it is intended to promote the use or supply of vaping goods.
Further reading
- Australian vaporiser laws and regulations
- Vape Advertising Restrictions in Australia Explained
- Public Information vs Product Promotion Under TGA Rules
- Product Listings and Online Catalogues: Advertising Risk
Official sources
- TGA — Determining if your content is advertising
- TGA — Vapes: advertising and promotion
- Federal Register — Therapeutic Goods Act 1989 (current)
Information current to 9 October 2026. Australian law and regulatory guidance may change. This page provides general information rather than legal or clinical advice.