Using influencer marketing to promote health care products and services in the EU
Across the EU, the use of influencers as a tool for advertising and promotion has grown rapidly in recent years. It has now been two years since the European Commission launched its Influencer Legal Hub, which seeks to educate influencers and brands about European consumer protection standards. Now, some Member States have already introduced specific legislation, and in some, self-regulatory guidelines have been developed to govern such commercial practices. The European Consumer Organization (BEUC) has called on the EU to urgently rein in influencer marketing by updating EU law. For life sciences and medical device companies, this evolving landscape means that influencer campaigns now require the same level of regulatory discipline as more traditional forms of health advertising.
General EU rules
At the EU level, the advertising of health products to the public is primarily governed by product-specific legislation. Prescription medicinal products and certain medical devices may not be advertised to the general public, advertising must not be misleading (e.g., as to the purpose, safety, or performance of the products concerned), and nutrition and health claims for foods and food supplements are subject to strict regulatory controls. In addition, industry self-regulatory codes, such as the EFPIA Code of Practice, may impose binding obligations on participating companies.
While influencer marketing is not regulated by a dedicated EU legal framework, influencer-led promotions are subject to the same EU advertising and consumer protection rules as any other form of health product advertising, leaving companies ultimately responsible for the compliance of their communication.
Authors
Chantal Van Dam
Counsel Global Regulatory Amsterdam
Julia Mischie
Associate Global Regulatory Amsterdam
Isabella Noija
Junior Associate Global Regulatory Amsterdam
France
In France, the online practices of influencers are specifically regulated since a recent legal framework has been set up with the law of 9 June 2023, amended on 6 November 2024 (the "Law"). The Law aims at regulating commercial influence practices in various sectors, including the health care sector, and non-compliance with its requirements may entail criminal sanctions. That is the first time such practices have been regulated in the EU, and the Law may inspire other jurisdictions to adopt a similar legal framework in the near future.
Within the meaning of the Law, an influencer is defined as any person (natural or legal) who, for consideration (in kind or in cash), uses their notoriety towards their audience to communicate online information aiming at promoting, directly or indirectly, products, services, or any cause whatsoever.
However, other sets of rules applying to the promotion of health products use a wider definition (e.g., transparency regulations) which, for the purposes of compliance with those other rules, should be kept in mind when interacting with influencers. Major requirements and prohibitions include:
- Compliance with sector-specific rules: influencers must comply with the specific rules governing the promotion of various products, such as medicinal products, medical devices, food products with health claims.
- Commercial transparency: any collaboration or promotional intent must be disclosed using explicit references, such as "promotion" or "paid commercial collaboration."
- Specific prohibitions: promotion by influencers of the following is prohibited:
- aesthetic acts, processes, techniques and methods that may present health risks; and,
- non-therapeutic products, acts, processes, techniques, and methods presented as comparable, preferable, or substitutable to therapeutic acts, protocols, or prescriptions.
Following a period of adaptation to the new rules, the monitoring and enforcement by the French authorities are constantly increasing, which requires companies and influencers to adapt rapidly.
Authors
Chloé Cornet
Senior Associate Global Regulatory Paris
Fabien Charissoux
Senior Associate Global Regulatory Paris
Spain
In Spain, advertising carried out through influencers is subject to an increasingly well-defined regulatory and self-regulatory framework, particularly when it involves health-related products: an area that requires special attention, as it brings together general advertising rules, sector-specific regulation, and ethical principles aimed at protecting both consumers and public health.
The use of influencers as a marketing tool has grown significantly in Spain, with substantial investment also in the life sciences space. In this context, the Code of Conduct on Advertising through Influencers, promoted by the Spanish Association of Advertisers, Autocontrol, and IAB Spain, and in force since 2021, together with its updated version effective as of 1 October 2025, represents an important step forward. The Code requires clear identification of the advertising nature of content and reinforces the active role of companies in ensuring compliance with these obligations.
At the same time, in the digital and social media environment, the boundaries between information and promotion, a long-standing debate in the field of health-related products, are not always clear. This challenge is amplified when messages are disseminated by influencers, as their impact is usually exercised in open, public-facing contexts aimed at the general public. Where such communications relate to products subject to restrictions on advertising to the public, the distinction between providing information and engaging in promotion takes on particular legal and ethical significance.
In this setting, the Advertising Jury of Autocontrol has played a key role by issuing decisions and opinions that help distinguish between informational and promotional content. Of relevance are the opinions published on 30 April 2025, in which the Jury reached different conclusions regarding influencers' posts about the same prescription-only smoking cessation medicinal product, depending on whether the posts clearly identify the product or not.
Author
Álvaro Abad
Senior Associate Global Regulatory Madrid
The Netherlands
The Netherlands does not have specific legislation dedicated to influencer marketing. Instead, influencer marketing is governed by general statutory advertising rules for health products, complemented by national self-regulatory codes of conduct. The Dutch Advertising Code Foundation ("Stichting Reclame Code" (SRC)) has issued targeted codes on both health product advertising and influencer marketing. The SRC has recently emphasized that companies using influencer marketing are expected to supervise influencers' compliance with the applicable codes. Influencers may also obtain a self-certificate demonstrating regulatory awareness, a measure that the SRC reports has reduced violations.
Complaints may be brought before the SRC, which can recommend that non-compliant advertising be amended or discontinued. Decisions are published and may attract wider publicity. The SRC can also report non-compliance to the Netherlands Authority for Consumers and Markets (ACM), which can impose fines of up to EUR 900,000 or 10% of relevant turnover. Depending on the circumstances, other authorities, including the Health and Youth Care Inspectorate (IGJ), may also take enforcement action.
While active enforcement against influencer marketing of health products has so far been limited, scrutiny is increasing. The Netherlands Food and Consumer Product Safety Authority has recently found prohibited medical, health, and food claims in influencer posts and indicated that administrative enforcement may follow in future investigations.
In parallel, both the Inspection Board for the Public Promotion of Medicines Foundation and the Inspection Board for Promotion of Health Products Foundation, together with the SRC, operate an AI-driven monitoring tool that continuously scans social media for non-compliant health-related influencer content. Where potential breaches are identified, advertisers are contacted and asked to amend the communication. Failure to respond may result in referral to the SRC or to enforcement authorities, including the NVWA or IGJ.
EU recommendations
Companies engaging influencers to promote health products or services in the EU are advised to:
- Map influencer activities early: Identify all current and envisaged interactions and assess the applicability of EU and local advertising, consumer protection, and product-specific rules before campaigns are launched.
- Build compliance into contracts and governance: Ensure influencer agreements reflect applicable legal and self-regulatory requirements, include clear content standards, approval rights, and audit clauses, and allocate responsibility for compliance. Actively monitor influencer content throughout the campaign. Where available, consider working with influencers who have obtained recognized compliance certifications.
- Extend policies and procedures for regulated advertising to over influencer campaigns. Apply existing internal review, approval, and documentation processes used for traditional health product advertising, including substantiation of claims, transparency requirements, and record-keeping.
- Track regulatory and enforcement developments. Continuously monitor legal, self-regulatory, and enforcement trends at both the EU and national level, including evolving guidance, increased supervisory expectations, and emerging enforcement activity.
Author
Julia Mischie
Associate Global Regulatory Amsterdam
Law Firm of the Year
Healthcare & Life Sciences Lexology European Awards 2026