Influencer marketing in regulated industries: cosmetics, health, finance, music and more

Why the industry makes the difference

A post about a lipstick, a vitamin supplement, a share or an online casino looks the same in the story. Legally, there are worlds in between. The Medicines Advertising Act and the Health Claims Regulation apply to health products, securities and supervisory law for financial issues, tobacco, e-cigarettes and cannabis extensive advertising bans, and the state gambling treaty for gambling. Violations not only cost cease-and-desist letter fees, but can also result in fines and, in individual cases, penalties.

We advise creators, agencies and brands industry-specific: We check scripts and claims before publication, draft cooperation agreements with appropriate release and liability rules and defend them against cease-and-desist letters from competitors, associations and authorities.

Typical situations in which we help

• They advertise cosmetics, dietary supplements or medical devices.
• In their content, they talk about stocks, ETFs or crypto values.
• You want to offer your concept as a franchise or promote a franchise system.
• They work as musicians or with labels and publishers.
• You will be offered a cooperation with a provider of alcohol, vapes or sports betting.

Legal basis at a glance

Special laws take precedence

In addition to UWG, Digital Services Act and State Treaty on Media, industry-specific rules such as Medicines Advertising Act, Food and Feed Code, Cosmetics Regulation, Securities Trading Act, Market Abuse Regulation, Tobacco Products Act, Consumer Cannabis Act and State Treaty on Gambling. Many of them are market rules of conduct, whose violations can warn competitors and associations.

Who is liable?

The creator who publishes it is initially liable for content. In addition, the brand that initiates the advertising and, under certain circumstances, the agency may be liable. Contracts should therefore contain clear briefings, releases and liability rules.

Platform Rules

Platforms also ban or restrict advertising for certain products, such as weapons, tobacco, financial products or gambling. A violation can lead to a blocking, even if it were legally permissible.

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

• Overlook industry-specific advertising bans.
• Take over the claims of the brand unchecked.
• No exemption for content that the trademark specifies.
• Ignore platform rules for sensitive products.