Influencer advertising for alcohol, tobacco, e-cigarettes and cannabis: advertising bans and youth protection

Alcohol, tobacco, vapes & cannabis: what matters

Advertising for tobacco products, electronic cigarettes and refill containers is prohibited in the information society services, including social media. This also applies to influencer cooperation. The Consumer Cannabis Act prohibits advertising and sponsorship for cannabis. Anyone who enters into cooperation here risks fines and cease-and-desist letters.

Alcohol advertising is generally permissible, but restricted by youth protection law, media law, the rules of conduct of the German Advertising Council and platform specifications. It must not be aimed at minors, trivialize excessive consumption and promise not to increase performance.

Typical situations in which we help

• You will be offered a cooperation with a vape brand.
• They show alcohol or smoking in their contents.
• They want to educate about cannabis or show products.
• You work for a spirit brand.
• You have received a cease-and-desist letter for tobacco advertising.

Legal basis at a glance

Tobacco and e-cigarettes

The Tobacco Products Act prohibits advertising on the Internet. Nicotine-free e-cigarettes and liquids are also recorded. Product placements and free samples are also problematic.

Cannabis

The Consumer Cannabis Act prohibits advertising and sponsorship for cannabis and growing associations. factual clarification without an advertising character remains possible. The Medicines Advertising Act applies to medical cannabis.

Alcohol

Advertising must not be aimed at minors and no minors. In addition, no performance increase, inhibition or problem solving by alcohol must be suggested.

Platform Rules

Platforms additionally restrict content on these products, for example through age restrictions or bans on branded content.

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

• Promote e-cigarettes on social media.
• Present cannabis advertising.
• Apply alcohol to a young audience.
• Ignore platform rules.