By Cat Woods -
There is growing evidence that Australians are purchasing injectable peptides online using a legal loophole in which researchers can order these peptides for, nominally, the purpose of scientific research. Further, these peptides - which Tik Tok and Instagram influencers are peddling - exist in a legal grey zone between medicine, wellbeing, and illicit drug markets. Thus, they are not well, nor consistently, regulated under our existing frameworks.
Common peptides being promoted on social media include BPC-157, TB-500, CJC-1295, Ipamorelin, and various growth hormone releasing peptides.
Criminal lawyer with Arthur Law, Zoe Whetham, prefaces that this area of law is very complex and so it is difficult to give a general answer when cases can vary so much.
“Therefore, the advice can vary,” she says. “In addition, this area of law crosses into different regulatory bodies, and given I specialise only in criminal law, I can’t provide comment where the issues intersect with other areas.”
Peptides are short chains of amino acids, which are the building blocks of proteins. Peptides can mimic or stimulate natural biological processes, including those involved in growth, metabolism and tissue repair, making them attractive to those involved in sports and fitness for both aesthetic and purported performance benefits.
In NSW, the relevant legislation is the Poisons and Therapeutic Goods Act 1966 (NSW). Under the Act, peptides are classified as a prescribed restricted substance. This means they must be prescribed by a registered medical practitioner.
Without a valid prescription, possessing or attempting to possess peptides is a criminal offence. The maximum penalty is a fine of $2,200 and/or imprisonment for 6 months.
It is also a criminal offence to supply peptides without authorisation.
In addition, peptides purchased online from overseas suppliers may attract separate Commonwealth offences under the Therapeutic Goods Act 1989 (Cth) for importing unapproved therapeutic goods without TGA authorisation.
Possession of peptides in NSW
In NSW, the relevant legislation is the Poisons and Therapeutic Goods Act 1966 (NSW).
“If a person is in possession of peptides, or if they attempt to possess peptides, without a valid prescription, they can be charged with a criminal offence.”
Whetham explains that the Act classifies peptide products as a Schedule 4 “prescribed restricted substance” under the Poisons List. This includes growth hormone releasing peptides, BPC-157, TB-500, CJC-1295 and Ipamorelin.
“This means these substances must be prescribed by a registered medical practitioner. Therefore, it is legal for a person to be using peptide products, as long as they have been properly prescribed to them.”
The illegality arises when a person does not have a valid prescription.
“If a person is in possession of peptides, or if they attempt to possess peptides, without a valid prescription, they can be charged with a criminal offence. The maximum penalty is a fine of $2,200 and/or imprisonment for 6 months.”
TGA warns of enhanced monitoring for safety and legal concerns
On 13 April this year, the Therapeutic Goods Administration (TGA) issued a safety advisory regarding the import, supply, compounding, and advertising of unapproved peptide products.
Under the Therapeutic Goods Act 1989, peptide products are regulated as therapeutic goods in Australia. Several peptide-based medicines, such as insulin products for the management of diabetes, are approved by the TGA and are included on the Australian Register of Therapeutic Goods (ARTG). Any peptides not in the ARTG are unapproved.
The TGA reports a number of adverse events and other concerns received for unapproved peptide products, which include:
- severe allergic reactions, requiring doses of adrenaline and hospitalisation
- systemic inflammatory response syndrome (SIRS) (severe inflammation in the body), requiring hospital management
- generalised hypersensitivity symptoms such as full‑body intense itching, palpitations, pain and sweating
- wide ranging body side effects, including insomnia, blurred vision, extreme tiredness, flu‑like illness, joint pain and skin sensitivity
- musculoskeletal injuries, including plantar fasciitis and Achilles tendinitis, and
- poor product quality, including unsealed packaging from an online supplier.
Pharmacists and medical practitioners compounding unapproved peptide products are – usually – required to hold a manufacturing licence. To qualify for an exemption, the preparation of peptides must follow the receipt of a valid prescription for a specific patient, and strictly meet the requirements outlined in Schedule 8 of the Therapeutic Goods Regulations 1990 (Cth).
Under Schedule 8, registered community pharmacists are exempt from requiring a manufacturing licence when they extemporaneously compound medicines (excluding biologicals and medicinal cannabis) for a specific patient, provided the goods are supplied from an open, public-facing pharmacy. Hospital practitioners and pharmacists compounding or preparing therapeutic goods for treatment at public hospitals are generally exempt, and specific exemptions apply to persons or institutions handling therapeutic goods in the context of approved clinical trials or for immediate, localised administration.
Personal Importation Scheme being monitored
Unapproved peptide products that are not clearly labelled, or do not clearly state the active ingredient, strength or dosage, will not be released since they cannot be assessed for lawful importation under the Personal Importation Scheme.
Whetham says this is one method some people may attempt to use to access peptides from overseas.
“The Scheme is legislated under Schedule 5 of the Therapeutic Goods Regulations 1990 (Cth) and allows individuals to legally import some therapeutic goods for personal use, provided strict conditions are met,” she says.
For peptides that are classed as a prescribed restricted substance, the conditions include:
- The product must be for personal use, or the use of an immediate family member (it cannot be sold, supplied or given to others).
- The person must hold a valid Australian prescription at the time of importation.
- The imported product cannot exceed more than a 3 month supply of the maximum prescribed dose recommended by the manufacturer.
- The total quantity imported in the period of 12 months ending on the day on which the latest importation occurs, does not exceed 15 months’ supply of the product at the maximum dose recommended by the manufacturer.
If these conditions are not met, the importation may constitute a criminal offence.
The TGA confirms that unapproved peptide products that are not clearly labelled, that are identified only by codes, or that do not clearly state active ingredients and dosage, cannot be assessed for lawful importation under the Scheme.
Research use, or not
Disclaimers on a peptide product, including “research use only” or “not for human consumption” labels, do not of themselves make their supply or importation lawful. It is important that all legal requirements for supply or importation are met.
Whetham says, “Both the seller and the buyer could face criminal charges in this scenario. If a person lawfully imports peptide products for research purposes, but then unlawfully sells the product to someone else, then they can be charged with supply. The purchaser who has then unlawfully obtained the product, could be charged with possessing a prescribed restricted substance without a valid prescription.”
Supply in NSW explained
Under the Poisons and Therapeutic Goods Act 1966 (NSW), it is an offence to supply peptides without authorisation.
Authorised sellers generally include medical practitioners, pharmacists, nurses, optometrists, midwives and podiatrists, provided they are properly authorised to supply the substance and do so lawfully.
“A Tiktok video or Instagram post offering peptides for sale, without authorisation, could also constitute a criminal offence even if no actual supply takes place.”
Unauthorised sellers of peptides can therefore be charged with a criminal offence.
Whetham explains, “In NSW, the definition of supply is quite broad. It covers selling, dispensing, and distributing. But it can also include an agreement to supply or an offer to sell, even if no actual supply has taken place. It also extends to supplying peptides free of charge.”
Whetham gives the example of someone giving a sample of peptides to a friend to try, without payment.
“That will still amount to supply if the supply is without authorisation.”
She adds, “A Tiktok video or Instagram post offering peptides for sale, without authorisation, could also constitute a criminal offence even if no actual supply takes place. In addition, the TGA strictly regulates advertisements for prescription-only medication, including both approved and unapproved peptide products.”
The maximum penalty for unlawfully supplying peptides is a fine of $2,200 and/or imprisonment for 2 years. However, the penalty can vary depending on the type of peptide being supplied.
Wholesale distribution of peptides for therapeutic use is also a criminal offence, with penalties up to $2,200 and/or imprisonment for 2 years.
Commonwealth jurisdiction over importation
Purchasing peptides online from overseas suppliers and importing them into Australia without proper permission or authorisation is a serious criminal offence falling under Commonwealth legislation, carrying imprisonment of up to five years.
Whetham says, “The TGA monitors the supply and advertising of peptide products, and they work with the Australian Border Force to monitor importation. Illegal importation offences may be referred to and investigated by the Australian Federal Police, and prosecuted by the Commonwealth Director of Public Prosecutions if charges are laid.”
When peptides products are purchased from an overseas seller or manufacturer, Whetham explains that the onus rests on the importer or purchaser of the product to ensure compliance with Australian law.
“This is because overseas manufacturers and suppliers operate outside Australian jurisdiction, and therefore cannot be compelled to comply with the Therapeutic Goods Act 1989 (Cth) or any other Australian therapeutic goods legislation.”
New regulations in New Zealand
In May 2026, the New Zealand Medicines and Medical Devices Safety Authority (Medsafe) issued a formal consumer advisory warning New Zealanders against purchasing or using unapproved synthetic peptides and Selective Androgen Receptor Modulators (SARMs) promoted online. The rationale was that “these unregulated products pose severe health risks, including potential contamination with mould or bacteria, dosing errors, and life-threatening adverse reactions.”
The crackdown aligns with the implementation of New Zealand’s Medicines Amendment Act 2025, which introduced a fast-track “consent by verification” pathway for legitimate pharmaceuticals.
According to Medsafe, “online sellers commonly advertise products such as BPC‑157, CJC-1295, GHRP‑6, Ipamorelin, Kisspeptin, KLOW, melanotan II, retatrutide, sealank, seamax, TB‑500 and thymosin. This is not a complete list and there are many others.”
The warning relates to both the unproven effects of these products, but also the risk of infection from possible non-sterile products being injected.
Further, Medsafe advises there is no legal effect when sellers label these products as “for research purposes only“. All clinical trials of ‘new medicines’ in New Zealand require approval from Medsafe and an ethics committee, and Medsafe has not approved any clinical trials in New Zealand for these products.
The warning says: “If a product is being offered for personal use, injection, or consumption, it is being supplied unlawfully.”
Legislation and monitoring adapting at pace
Whetham says, “Peptide regulation in Australia is not static. New formulations and variants of peptides are constantly emerging, and the law has to react and respond.”
The Poisons List under Section 8 of the Poisons and Therapeutic Goods Act (NSW) adopts the Poisons Standard, which lists medicines and chemicals into Schedules depending on their risk, use, requirements and restrictions. The Poisons Standard is reviewed and updated by the TGA on an ongoing basis.
“Therefore, the legal landscape in Australia relating to peptides can constantly shift,” Whetham says.
She believes that the issues relating to the possession, supply and importation of peptide products do not arise as a result of ambiguity within the law.
Whetham says, “Instead, the legislation is complex and layered. Multiple pieces of legislation apply simultaneously. Individuals, health practitioners and businesses must ensure they are meeting all their obligations under Commonwealth and State legislation, in addition to relevant regulatory requirements and professional practice standards, including AHPRA and the Pharmacy Board of Australia. Not doing so places them at risk of significant penalties, including imprisonment.”
