Influencers Law: Decoding its Impact on Beauty and Health Sector!
By MEDICAL CASTING AGENCY
The legislation is evolving to regulate the practices of influencers. On June 1, 2023, a law was passed to regulate the practice of influence on social media. Measures have been put in place to combat abuses and enhance transparency towards consumers.
A long-awaited law, especially for the beauty and health sector, where the abuses of fake injectors were promoted through influence and social networks.
So, what should we remember and apply to our sector? MEDICAL CASTING AGENCY decrypts the law for you. Here are the 4 key points to remember:
1. DEFINITION OF COMMERCIAL INFLUENCE
To be qualified as an influencer, the law requires three cumulative criteria: the mobilization of notoriety among an audience,, communication to the public via electronic means, and the promotion of goods, services, or a cause.
2. SUPERVISION OF INFLUENCER CONTENT
This includes legal notices to be affixed to certain publications, notably: nutritional claims, alcoholic beverages, prohibition of advertising of vaping products, advertising of health products, banking and financial canvassing/financial products, unfair commercial practices, broadcasting of sports competitions and promotion of manufactured food and beverage products.
The law also prohibits the promotion of certain products or services, such as: aesthetic acts, methods and procedures; acts, methods and procedures presented as comparable to therapeutic prescriptions; nicotine/tobacco products; the promotion of certain animals; the promotion of certain high-risk financial products; online gambling/sports betting. The promotion of professional training will be subject to a specific framework.
3. TRANSPARENCY TOWARDS CONSUMERS
All promotions must be clearly indicated as advertising or a commercial collaboration. This mention must be legible and identifiable, throughout, the duration of the promotion.
When image retouching or virtual images are used, it is mandatory to clearly indicatethese modifications with the mentions ‘Retouched Images’ or‘Virtual Images’.
4. SUPERVISION OF COMMERCIAL RELATIONSHIP
To be considered an influencer agent, several cumulative criteria must be met, including: representing influencers, for a fee, to advertisers and their agents, and for the purpose of commercial influence.
Article 8 of the law stipulates that any contract between an influencer and their agent, or between an influencer and an advertiser (or their agent), must be in writing, under penalty of nullity.
It is important to emphasize that the advertiser as well as the influencer are jointly responsible for any damages suffered by third parties in the execution of the commercial influence contract that binds them. This shared responsibility highlights the importance of an ethical and respectful collaboration among all parties involved.
