Influencer Advertising for Nutritional Supplements, Drugs and Homeopathy: Health Claims and Medicinal Promotion Act

Dietary supplements, medicines & homeopathy: what matters

Food supplements are food. For them, only health information that is approved under the Health Claims Regulation may be used, such as vitamin C contributes to the normal function of the immune system. Statements that ascribe the property of preventing, treating or curing diseases to a food are prohibited. Typical influencer formulations such as strengthening your immune system, detox or helps against fatigue are therefore often not permitted.

The Medicines Advertising Act applies to pharmaceuticals and medical devices. Public advertising is prohibited for prescription drugs. Registered homeopathic medicines without approved areas of application may not be advertised with areas of application. Advertising with promises of action that have not been scientifically proven is misleading. CBD products also raise questions about novel food law.

Typical situations in which we help

• They advertise vitamins, proteins or supplements.
• You want to start your own supplement brand.
• You cooperate with a manufacturer of medicines or medical devices.
• They recommend homeopathic or herbal remedies.
• You have received a cease-and-desist letter for health-related statements.

Legal basis at a glance

Health Claims

Only the information permitted in the EU Register is permitted under the conditions specified there. General statements such as good for health must be accompanied by an approved claim.

Disease-related advertising

For food, any advertising with the prevention, treatment or healing of diseases is prohibited, even if it were true.

Medicines Advertising Act

It regulates advertising for medicines, medical devices and treatments. Among other things, advertising with feelings of anxiety, statements by third parties in an abusive manner and public advertising for prescription drugs are prohibited. Mandatory information must be observed.

Homeopathy

Registered homeopathic medicines may not be advertised with areas of application. Effects without scientific evidence are misleading.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Use your own promises of action instead of approved claims.
• Mention diseases in advertising food.
• Apply homeopathics with areas of application.
• Use testimonials as proof of effect.