Who: Social media, Instagram, media, influencers, firms marketing health products, etc.
Where: France
When: 30 December 2019
Law stated as at: 26 February 2019
What happened:
A new decree published on 30 December 2019 requires companies marketing health products to publicly declare any interest or links with influencers ( that is, people who, in the media or on social networks, present one or more health products in order to influence the public).
What to declare?
- Agreements with influencers must be declared by companies marketing and producing health care products (except cosmetics, contact lenses and tattoo products), including: the identity of the parties; the precise object of the relationship; the effective date; the direct beneficiary and the ultimate beneficiary; the value of the deal; and the name, date, and place of the event if applicable.
- Remunerations above €10 paid to influencers in return for service must be declared by companies marketing and producing health care products (including cosmetics, contact lenses and tattoo products), including: the amount paid; identities of the parties; date of payment and ultimate beneficiary (if applicable).
- Advantages (in kind or in cash) with a value above €10 given directly or indirectly to influencers must be declared by companies marketing and producing health care products (including cosmetics, contact lenses and tattoo products), including: the amount and nature of payment; identity of the parties; date of each advantage; and the ultimate beneficiary (if applicable).
In all cases, the influencer shall be identified by the name under which it exercises its activity of influence.
Why this matters:
The “Transparency – Health” public database makes all the information declared by companies on the links of interest they have with members of the health sector accessible. This now includes individuals promoting health products on media and social media. Led by the Ministry of Solidarity and Health, this transparency initiative aims to preserve the necessary relationship of trust between citizens, users and the many stakeholders in the health system.
