Life Sciences Horizons Brochure 2025 - Flipbook - Page 107
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2025 Horizons Life Sciences and Health Care
The use of influencers in France to promote health products and services online
The online practices of influencers are now
specifically regulated in France since a new 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
sector, and non-compliance with its requirements
may entail criminal sanctions. It is the first time such
practices have been regulated in the EU, and that may
inspire other jurisdictions to adopt a similar framework
in the near future.
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
How companies should adapt
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.
Identify potential direct and indirect interactions
with influencers.
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.
Put in place agreements with them and adapt current
contractual arrangements.
Set up internal guidance to help company’s personnel and
business partners in 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.
Mikael Salmela
Partner
Paris
Chloé Cornet
Senior Associate
Paris
Fabien Charissoux
Senior Associate
Paris
