Advertising on social media can be an essential part of a pharmaceutical company's promotional strategy for medicines which are not prescription only (or POM). This comes with the advantage of allowing direct interaction with the target audience, for example, by allowing them to like, comment on and share posts, in countries where this is permitted. Additionally, it enables companies to define a target group for their advertising and thus to, for example, address a specific age group.
Pharmaceutical companies should however exercise extreme caution when using social media to promote their products because every country imposes strict requirements on such advertising. The rules are not the same in every country, so that specific country advice should be sought before going ahead with any promotional campaign.
Social media posts are likely to fall within the scope of each country's rules if there is a nexus to that country. Regulators will consider one or more of the following as indicators that advertising is targeting consumers in its country: the advertiser (or company authorising the advertisement) is registered in the country, the language of the post is a primary language in that country, or if an employee in that country interacts with a post which results in it being disseminated to their connections' /followers' news feed, or other indicators of the intended geographical audience.
The following provides an overview of the rules that are particularly relevant for pharmaceutical companies when using social media across Europe.
General prohibition of misleading advertising
Misleading advertising of medicinal products is prohibited across Europe. Promotional material must not ascribe to a medicinal product an effect that it does not have, or falsely create the impression that success can be expected with certainty or that the medicinal product has no harmful effects. Strict requirements apply to the accuracy, non-ambiguity, and clarity as well as to the factual substantiation of health-related advertising claims. Companies must ensure that promotions are in accordance with the medicinal products' marketing authorisation and are consistent with the summary of product characteristics and should also ensure they hold clinical evidence to substantiate all claims. Some countries, such as France, always require an authorisation from the national drug agency ahead of publication, both for consumer advertising and for advertisements aimed at healthcare professionals.
Clarity over the nature of the promotional content
In all countries it is imperative that social media content about medicinal products produced by or with the complicity of the manufacturer or distributor makes clear the fact that it is advertising. It would otherwise constitute unlawful disguised advertising. This is achieved by each social media post being clearly labelled as being advertising. Different countries require different labels. These are “advertising” in Germany, Austria and Poland, while in the UK "advertising feature" is common or the ABPI suggests "sponsorship" where relevant. In France, "advertising or "commercial communication" are used while in Belgium, it must be clear that the feature is advertising.
Most countries require that medicines advertising does not instill fear in consumers or give the impression that they do not need to consult a doctor. It is also a consistent rule across European countries that medicines advertising should not be directed at children.
Prohibition on advertising prescription-only medicines to the general public
The advertising of medicinal products to the general public on social media is only permissible for non-prescription-only or over-the-counter medicinal products across Europe. This means that medicine manufacturers should refrain from publishing content that includes the name of the medicinal product (whether branded or generic), or with the indication or therapy area in combination with other language that could identify a specific prescription-only product. For example, hashtags containing claims for prescription-only medicines would likely constitute unlawful promotion.
Even if content is accessible only to a closed group of healthcare professionals, where the advertising of prescription-only-medicines is permitted, pharmaceutical companies should exercise caution to ensure the content cannot be shared or disseminated to other channels that are accessible by the public.
Companies should be aware that some countries, such as France, are even more restrictive. There, non-prescription medicines which are not reimbursed by the national health insurance scheme can be advertised to the general public only with a prior authorisation from the French medicines agency (ANSM). For permitted advertising via social media channels directed to a French audience, the functions inherent to the social media (such as a like button, comments and sharing functions) are required to be deactivated.
Physicians as influencers
Most countries in Europe, either through their laws or through physician codes of practice do not permit doctors or indeed other types of scientists to advertise medicines.
Special features and pitfalls of influencer advertising
In many countries, including all of Austria, Belgium, France, Germany, Poland and the UK, medicinal products may not be advertised to the public by persons who, due to their celebrity or status as a scientist, may encourage people to consume medicinal products. These rules exist to ensure that consumers' demand for medicinal products is based solely on factual and objective information.
People without that celebrity status (such as non-celebrity patients) might however act as influencers for over-the-counter medicines.
Pharmaceutical companies are responsible for all material disseminated by them or that are commissioned or otherwise agreed to by them, including by influencers that act on their behalf. This is the case even if the influencer acts beyond the scope of its contract with the pharmaceutical company. The UK and Poland have rules on influencer advertising that must be followed. Given the complexity of both pharmaceutical advertising laws and those on influencers, pharmaceutical companies should give clear and prescriptive guidelines about influencer content and should preview all posts written by influencers prior to their publication.
Corporate advertising without product reference is generally permissible
In all countries advertising of the company without direct or indirect reference to its products is permitted if it otherwise complies with generally applicable advertising laws.
In the UK, it is permitted to make a press release available only to investors on the company's existing medicines and those not yet marketed if the content is non-promotional, not misleading, and presented in a factual and balanced way.
Managing the use of social media for medicinal products
It is imperative that pharmaceutical companies have and regularly train on social media policies and guidelines. These should extend to all staff as well as distributors and any third parties who might represent the company and its products. Given the restrictive nature of applicable laws, it is sensible to limit the use of social media on behalf of the company to a few well trained individuals whose content is checked in advance for legal compliance by a team including clinical and legal personnel.
