The use of influencers in France to promote health products and services online

What is an influencer?

Within the meaning of the Law, an influencer is 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.

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 new requirements and prohibitions

• 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, tobacco and vaping.
• Commercial transparency: Any collaboration or promotional intent must be disclosed using explicit references (such as “promotion” or “paid commercial collaboration”).
• Mention of retouching and AI-generated content: Images that have been retouched or generated by AI must be clearly identified as such with a specific compulsory mention.
• 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.

How companies should adapt

• Identify potential direct and indirect interactions with influencers.
• Put in place agreements with them and adapt current contractual arrangements.
• Set up internal guidance to help company’s personnel and business partners navigating French rules governing the promotion of health products and services online.
• Monitor influencers’ content (including comments) to assess compliance with (a) legal requirements, (b) their contractual obligations and (c) company’s standards.
• Track any transfer of value that may need to be reported.

Authored by Mikael Salmela, Fabien Charissoux, and Chloe Cornet.