Pharma-influencers under the scrutiny of the Italian Self-Regulatory Body

The Monitoring Committee, i.e. one of the governing bodies of the Italian Advertising Self-Regulatory Body (Istituto dell’Autodisciplina Pubblicitaria, “IAP”), issued two injunctions against two companies operating in the pharma sector (injunctions no. 20/25 on May 26, 2025, and no. 21/25 on May 29, 2025) for advertising disseminated by two pharma-influencers – pharmaceutical professionals who use social media and other digital communication tools to share health-related content. In both cases, the Monitoring Committee identified violations of Articles 2 (misleading advertising) and 23-bis (rules about food supplements and dietetic products) of the Self-Regulatory Code of Commercial Communications, committed respectively by @il_socialmente_farmacista via Instagram and Pillole di Salute via TikTok.

THE CASES AT STAKE

The first injunction concerns the promotion of the pharmaceutic ‘Omegor – Vitality 1000’ by @il_socialmente_farmacista via Instagram. According to the Monitoring Committee, the advertised effectiveness of the product is presented in exaggerated terms suggesting decisive action in terms of pharmacological efficacy, going beyond the scope of food supplements and leading consumers to form incorrect beliefs about the actual effects and results achievable through its use. Furthermore, the Monitoring Committee pointed out that the message lacks a clear and explicit indication that a dietary supplement does not substitute a varied and balanced diet and a healthy lifestyle.

The second injunction relates to the product ‘Dietalinea – Berberina 600 Fat Slim’, promoted on the TikTok account “Pillole di Salute”, whose advertising attributed effects that transcend its nature, potentially misleading consumers into believing that its use alone can naturally lead to weight loss. The misleading statements were made directly by a pharmacist; according to the Monitoring Committee, this emphasizes the misleading nature of the claims, as the credibility that the professional role enjoys with the public is likely to reduce consumers’ critical assessment when making choices related to their individual needs, which vary from person to person.

Finally, in both cases, the Monitoring Committee highlighted that the criterion for assessing the misleading nature of an advertisement must also consider the “target audience, consisting of individuals who are particularly vulnerable and therefore more likely to interpret promises of easily achieved and highly desirable results (such as those in the health sector) in an overly optimistic or illusory manner”.

THE IAP’S APPROACH IN THE  FOOD SUPPLEMENTS SECTOR

Over time, the IAP has shown particular concern for misleading advertising in the food supplement sector, often emphasizing the sensitivity of the audience. Among the most recent injunctions, we can mention the injunction no. 17/24, dated June 19, 2024, against Farma Natura Bio Srl, concerning a press advertisement published in Il Tempo regarding the ‘Mangivis Prost’ and ‘Mangivis Bustine’ supplements, which were attributed with properties not belonging to food supplements. Injunction no. 11/24 of May 18 of the same year against Naturando Srl regarding the advertisement of the ‘Adipoxan Forte’ supplement in the magazine Benessere, the Monitoring Committee challenged the claimed effects, deemed as incompatible with the nature of the product. Slightly older is injunction no. 45/20 of September 16, 2020, through which the Monitoring Committee targeted the promotion of an impotence remedy in For Men Magazine by Cairo Editore, where deceptive promises of implausible sexual performance results were conveyed, potentially misleading consumers into believing that the product could replace medicines or therapeutic treatments.

The innovative element of these new injunctions is that the IAP is intensifying its monitoring of social media advertising, approaching content published by pharma influencers with the same level of scrutiny generally applied to monitoring advertising on more “traditional” means. This should come as no surprise: online advertising is a rapidly growing sector and the authorities are monitoring it even more closely, as demonstrated by the publication of specific guidelines and a Code of Conduct for influencers by the Italian Communications Authority. All companies must therefore pay the utmost attention to their online advertising campaigns.

REGULATORY CONSIDERATIONS

In the food supplements sector, which is one of the most closely monitored sectors by authorities, as these two injunctions have highlighted, paying the utmost attention to advertising campaigns  implies not only taking care of the compliance with rules governing online advertising – such as for example those requiring the use of appropriate terminology to indicate the promotional nature of messages – but also assuring the compliance with all specific regulatory requirements for the relevant products, taking additional precautions given the particular sensitivity of these products and their impact on the target audience.

In this respect, the objections raised by the IAP are consistent with the applicable regulatory framework, which generally prohibits attributing to food supplements therapeutic properties or the ability to prevent or cure diseases, even indirectly (Article 6(3) of Legislative Decree No. 169/2004 and Article 6(2) of Directive 2002/46/EC). With specific regard to injunction no. 21/25, the claims at issue – ‘accelerates metabolism, burns fat, improves digestion, natural slimming metabolism activator’ – are also unlawful under Regulation (EC) No. 1924/2006, which prohibits the use of health claims that are not included among those authorised and listed in Regulation (EU) No. 432/2012; the claim in question is not part of that list and is therefore noncompliant. In addition, the message omits the mandatory reference to the need to follow an appropriate hypocaloric diet and to avoid excessively sedentary lifestyles, a requirement to be met whenever supplements are promoted in any way as adjuvants to hypocaloric dietary regimes aimed at weight reduction.