LSHC Horizons Brochure 2024 - Flipbook - Page 70
Hogan Lovells | 2024 Life Sciences and Health Care Horizons | Cross-jurisdictional
Navigating the digital age: A comparative approach
to pharmaceutical advertising on social media
The promotion of non-prescription medicines
via online social media networks has been an
increasing reality in recent years.
The primary advantage of utilizing social media
networks lies in the opportunity to connect with
a vast number of potential users. Conversely,
the drawbacks of engaging in social networks
(which includes posting, sharing, liking, tagging,
etc.) are that they enable users to freely express
their opinions and the rapid generation of new
content, which may not adhere to applicable
laws. This has led to the need for new guidance
on how such promotions are regulated.
In Italy, with effect from July 2023, the
Ministry of Health updated the Guidelines
on the promotion of medicines not subject to
prescription to include rules on promotions
published on social media networks. The
Guidelines ruled that: i) advertising of nonprescription medicines is only allowed on the
social media networks cited by the Guidelines;
ii) comments and reaction functions (such
as likes, emoticons) should be turned off; iii)
the sharing function should be deactivated;
and, when this is not technically possible (e.g.,
on Facebook), the advertising message must
contain a proper disclaimer. Restrictions on
non-prescription medicine advertising related
to testimonials and influencers also apply to
advertising on social media networks.
In France, rules on advertising of
medicines on social media have recently
been strengthened. Advertising of medicinal
products is subject to strict regulations
provided by the French Public Health Code,
which applies to all types of advertising of
medicines without regard to the means or
platform on which the advertising is displayed.
In addition to this existing regime, a recent
law dated 9 June 2023 has been adopted in
order to regulate commercial influence on
social media. Among the general rules edited
in order to create a specific regime applicable
to commercial influence practices on social
media, this law provides for specific rules
applicable to some sectors. With regards to
medicines, this new law has extended the
application of the current regulations on the
advertising of medicines, as provided in the
French Public Health Code, to social media
influencers in their activities when they
promote medicines. Social media influencers
have, therefore, been included in the scope
of the stakeholders required to comply with
regulations on the advertising of
medicinal products.
Giuseppe Aminzade
Counsel
Milan
Mikael Salmela
Partner
Paris
Chiara Perolari
Associate
Milan
Joséphine Pour
Senior Associate
Paris
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