Creator Marketing for Highly Regulated Industries

Introduction 

Highly regulated industries such as alcohol, cannabis, financial services, gambling, and healthcare/pharmaceuticals can be fertile ground for creator marketing campaigns, but great care must be taken to ensure that those campaigns don’t run afoul of the relevant guidelines, laws, or regulations.

“I often see regulated brands scared to try influencer marketing because the rules can feel complex, unclear, and, frankly, like a big headache,” Open Influence Associate Director, Strategic Accounts Erica Fernette said. “But the truth is that it’s possible and worth it. Influencer content is a great way to reach your audiences in a more personal, relatable way than many other marketing formats—something that isn’t always easy for regulated brands.” 

Three factors to examine before deciding to proceed down the influencer marketing path are the industry, the platform/platforms, and the context of the creative. 

On the industry side, regulations vary from country to country and, in cases like cannabis, often from state to state, and it is crucial to understand and comply with all relevant statutes before pressing send. 

“Compliance can’t be an afterthought,” Fernette said. “Getting it right from the start keeps campaigns running smoothly. Federal Trade Commission guidelines can be a bit confusing and don’t always match up perfectly with what platforms require and vice versa. Navigating both sets of rules can be tricky, but it’s so important to ensure that your content stays compliant and doesn’t get flagged by the platforms, the FTC or even the FDA for pharmaceutical content..” 

In addition to the FTC’s guidelines governing internet advertising, each platform has its own guidelines, protocols, and rules, often going deeper than labeling content as sponsored content or part of a paid partnership. 

“With platform regulations constantly changing, it’s more important than ever to have a partner who’s not just aware of the shifts, but has direct relationships with the platforms themselves,” Fernette said. “This helps brands stay ahead of the curve of any changes and avoid the headache of content being taken down.” 

Finally, agencies, brands, and creators must analyze the context of their potential campaigns, examining factors like the current sensitivity around the topic being promoted, and how people will perceive the messaging coming from the brand. One example where some brands went awry took place during the thick of the Black Lives Matter protests in 2020, when many companies were accused of chiming in to take advantage, or “performative allyship.” 

With Americans going to the polls in November, it is also important to keep in mind that changes in the presidential administration often bring with them changes in guidelines, laws, and regulations covering both highly regulated industries and social media platforms. 

Creator Marketing for Alcohol

The most important factor to consider when marketing alcohol is age restrictions, as its sale is prohibited to people under the age of 21 in the U.S. and several other countries, while some nations opt for 18. 

Agencies, brands, and creators must also walk the fine line between depicting beer, spirits, and wine in fun settings, but not implying that they are the key to having fun, as addiction concerns and impairment should not be glossed over. 

TikTok 

Campaigns promoting alcohol must comply with local laws and regulations, and they can only run in countries where they are approved. 

Platform-specific requirements include: 

• Alcohol ads on TikTok must use the platform’s age-gating function to restrict content to users who are of legal drinking age.
• Content on TikTok and landing pages must display a disclaimer promoting responsible drinking. 
• Clearly state the alcoholic content and strength of the beverage being promoted. 

TikTok also shared practices that should be avoided on its platform and on landing pages:

• Do not target or appeal to people under the legal drinking age. 
• People under the age of 25 should not be featured in the content. 
• Pregnant people should not appear. 
• Excessive drinking, intoxication, or reckless behavior under the influence of alcohol should not be portrayed. 
• Alcohol cannot be offered as a prize or reward, and incentives or offers encouraging its consumption, such as discounts, must not be included. 
• Alcohol delivery services cannot be promoted on the platform. 

Instagram 

Branded content and influencer content promoting alcohol must be age-gated to users 18 and older in most countries, and the exceptions are: 

• 19 and older: Canada, Nicaragua, and South Korea. 
• 20 and older: Iceland, Japan, Paraguay, and Thailand. 
• 21 and older: Cameroon, Micronesia, Palau, Solomon Islands, Sri Lanka, and the U.S. 
• 25 and older: Sweden. 
• Prohibited altogether:  Afghanistan, Bangladesh, Brunei, Egypt, Estonia, Gambia, India, Kuwait, Libya, Lithuania, Norway, Pakistan, Russia, Saudi Arabia, Turkey, the United Arab Emirates, and Yemen. 

Drunk people should not be depicted, nor should excessive or irresponsible consumption of alcohol. 

Buying, donating, gifting, selling, or trading alcohol products is only allowed in posts from brands, legitimate websites, or brick-and-mortar stores. 

YouTube 

Ads promoting the sale of alcohol—which the Google-owned video platform defined as those displaying one or more alcoholic beverage and enabling the purchase of those beverages on the destination application or site—is permitted in the countries listed here. Advertisers should indicate the highest alcohol by volume on the landing page. 

YouTube defines branding and informational ads as those that do not offer alcohol for online sale but promote them or raise awareness about them, and the list of countries where they are permitted can be found here. 

Ads for alcohol cannot appear in YouTube’s masthead space, one of the first things users see when they access the app or site, and YouTube users can change their settings to ensure that they do not see ads promoting alcohol. 

YouTube’s list of actions to avoid includes: 

• Targeting users below the legal drinking age in countries where ads are served. 
• Implying that drinking alcohol can improve social, sexual, professional, intellectual, or athletic standing. 
• Implying that drinking alcohol provides health or therapeutic benefits. 
• Portraying excessive drinking favorably or featuring binge or competition drinking. 
• Showing alcohol consumption in conjunction with the operation of a vehicle of any kind, the operation of machinery, or the performance of any task requiring alertness or dexterity. 

Snapchat 

Ads promoting alcohol products must be age-targeted to users 18 and over in most countries, and the exceptions are: 

• 19 and older: Canada. 
• 20 and older: Japan, Thailand. 
• 21 and older: U.S. 
• 25 and older: Sweden. 

In addition, states and union territories in India vary between 18, 21, and 25. 

Alcohol ads on Snapchat should not: 

• Depict excessive or irresponsible alcohol consumption, such as rapidly drinking large amounts, or show intoxicated people. 
• Glamorize alcohol, misrepresent its effects, or imply that it’s necessary for success or social advancement. 
• Associate alcohol with activities that require skill or coordination, or with illegal behavior.  

Pinterest 

Ads promoting alcohol memberships, beer, liqueurs, spirits, and wine are permitted on the platform so long as they comply with federal and local laws and regulatory guidelines. 

Pinterest forbids: 

• Targeting minors or depicting minors consuming alcoholic beverages. 
• Associating the consumption of alcohol to enhanced physical performance, improved social standing, or better sexual success. 
• Encouraging excessive drinking, or implying that drinking excessively is beneficial, or that alcohol has therapeutic qualities either as a stimulant or relaxant. 
• Depicting people under the influence of alcohol, or associating drinking with activities that are risky (such as driving or operating heavy machinery), antisocial, or illegal 
• Emphasizing high alcoholic content as a positive quality. 

Best Practices 

• Influencers must be at least 25, and at least 71% of their audiences must be 21 or older. 
• The product should be showcased in the proper serving size and the correct glassware. 
• Recipes for cocktails created within the content should be shared. 
• Content should not feature vehicles, scooters, or other machinery that must be operated when sober. 
• Ways to promote safe and responsible consumption include sharing tips for hosting a brunch or creating themed cocktails for game nights. 
• Brands should include hashtags promoting age-appropriate and responsible consumption, such as #21andolder, #21plus, #DrinkResponsibly, or #EnjoyResponsibly, 
• Brands should consider giving influencers exclusive access to their team and manufacturing process so that they can unleash their storytelling prowess.  

Creator Marketing for Cannabis

Marketing cannabis on social platforms has proven to be tricky for brands and influencers in the U.S. due to the 10th Amendment, which makes it unconstitutional for the federal government to force state agents to enforce federal laws, so campaigns must be tailored for each state. 

While no social platform allows straight-up sales of cannabis, some leeway exists for products that are derived from CBD (cannabidiol) or hemp oil. 

TikTok 

The promotion, sale, trade, and use of substances like cannabis is prohibited on TikTok, but the promotion of products derived from hemp oil and topical CBD products for cosmetics is allowed in some markets, if content and landing pages comply with local laws. 

TikTok said its ad platform does not support self-serve for hemp products, and promoting ingestible hemp is prohibited. 

Instagram 

The Meta-owned platform is perhaps the strictest when it comes to cannabis, limiting promotional options for businesses in the field to including website links in their biography information or providing information about the business without promoting or selling its products. 

Sellers, including dispensaries, are forbidden to provide contact information such as email address, phone number, or street address, including via the Contact Us tab for Instagram Business accounts. 

And the word “CBD” can never be used in Instagram images, posts, or Stories. 

YouTube 

Brands and creators can serve ads for topical, hemp-derived CBD products with a THC (tetrahydrocannabinol) content of 0.3% or less, such as bath bombs, candles, creams, lotions, roll-ons, or sprays, but only in California, Colorado, and Puerto Rico, and not on formats like YouTube Masthead. 

Retailers operating in those locations must apply for certification with LegitScript and fill out the CBD application form in the Google Ads Help Center. 

YouTube prohibits the following actions: 

• Ads for substances that alter mental state for the purpose of recreation or otherwise inducing “highs.” 
• Ads for products or services marketed as facilitating recreational drug use. 
• Ads for instructional content about producing, purchasing, or using recreational drugs. 

Snapchat 

The platform allows some limited ads for cannabis, CBD, and related products, where legal, with appropriate targeting. 

The depiction of illegal drug use or the recreational use of pharmaceuticals is prohibited, as is the depiction of smoking or vaping, except in the context of public health messaging or smoking cessation. 

Pinterest 

Pinterest only allows ads for topical hemp seed oil products in the U.S. that contain negligible amounts of THC and no CBD and make no therapeutic or medicinal claims. As well as informational or brand content on CBD and hemp. 

The platform forbids: 

• The sale or use of illegal or recreational drugs. 
• Informational material about the use or legalization of illegal or recreational drugs. 
• Ads including imagery of illegal or recreational drugs. 
• Accessories associated with drug use, including paraphernalia for using, storing, or consuming illegal or recreational drugs. 
• Products containing CBD or similar compounds.

Best Practices 

• Take advantage of the fact that organic content is not held to anywhere near as stringent oversight as sponsored content. 
• Transparency matters, so truthfully communicate things like the brand’s or product’s benefits and features, as well as legal disclaimers. 
• Cannabis-related content that works well on social platforms includes: information on safe use; detailing differences in ingestion methods, products, and strains; and market surveys or scientific information touting the benefits of the products being promoted. 
• At least 80% of content from brands and creators should offer value, while no more than 20% should be promotional, so promotional content can be incorporated by adding it to the end of value-driven content or presenting it as informative content. 
• Educational resources such as blog posts, videos, and webinars can help establish brands and influencers as authoritative sources of information. 
• Team up with businesses outside of the cannabis field to expand reach. 

Creator Marketing for Financial Services

Advertising in the financial services sector is not complicated by legitimate businesses and offerings, but by criminals, scammers, and shady types targeting people’s money. Sometimes it seems like the second email ever sent was from a Nigerian prince promising $20 million in exchange for the recipient’s banking information. 

So, it comes as no surprise that financial services are heavily regulated by government entities such as the Federal Trade Commission and Financial Industry Regulatory Authority in the U.S., as well as the Australian Securities and Investments Commission, and the Financial Conduct Authority in the U.K. 

TikTok 

TikTok said that in addition to meeting country-specific requirements, brands and creators advertising financial products and services including banking, insurance, leases, securities, and trusts dealing with debt relief, financial commodities, financing, information exchange, investments, and payments must: 

• Be licensed by local and regional authorities. 
• Include proper disclaimers where applicable. 
• Restrict ads to users 18 and older. 

The platform’s prohibited list includes: 

• Get-rich-quick offers. 
• Pyramid schemes. 
• Too-good-to-be-true financial offers. 

Instagram 

Parent company Meta said it may ask brands to provide additional information so that it can confirm that they are authorized by the relevant regulatory body to advertise financial products and services. In the U.S., compliance with FINRA’s rules is mandatory. 

Other key requirements from Instagram include: 

• Brands seeking to work with agencies or influencers should create a written policy that follows the FTC’s enforcement guidelines and defines what makes an influencer an endorser. 
• Ads promoting credit or loans must include accurate and clear information about fees and terms. This can be done via a hyperlink to a page with full conditions and terms. 
• Posts must not promote misleading or deceptive services related to student loan consolidation, forgiveness, or refinancing. 
• Ads promoting lending programs must comply with the Equal Credit Opportunity Act or Fair Housing Act. 
• Branded content promoting credit cards, loans, or insurance services must be targeted to people 18 and older. 
• Financial advisors can generate leads and showcase their services via charts, videos, or other visuals, and explain how their services can help their audience. 

YouTube 

YouTube provides the most detailed policy on ads for financial services, explaining, “We consider financial products and services to be those related to the management or investment of money and cryptocurrencies, including personalized advice.” 

The platform broke down its policy by category. 

Financial products and services disclosures: YouTube stressed that disclosures increase transparency and provide users with information to make informed decisions on matters that can be complex. 

Brands and creators must provide legitimate contact information for a physical location for the business being promoted and disclose all associated fees, and those disclosures must be clearly and immediately visible without requiring viewers to click or hover, or to view roll-over text or click through a link or tab. 

Third-party accreditation or endorsement must be included where affiliation is asserted or implied. 

Personal loans: Ads must include information about the quality, features, fees, risks, and benefits of loan products so people can make informed decisions, and additional information must be prominently disclosed on the company’s destination site or app. 

Brands and influencers must provide the minimum and maximum period for repayment, as well as the maximum Annual Percentage Rate, and a representative example of the total cost of the loan, including all applicable fees. 

Promoting personal loans that require repayment in full in 60 days or less from the date the loan is issued is prohibited on the platform. 

YouTube stressed that it aims to protect users from ultra-high-cost personal loans. 

Loan modification: Advertisers cannot: 

• Guarantee loan modification or foreclosure prevention. 
• Charge an upfront fee, unless the service is being provided by a law firm. 
• Ask users to transfer or surrender property titles, or offer to buy a house at a below-market price. 
• Ask users to bypass the lender and make payments directly to the company or other third party. 
• Encourage users not to contact their lender, lawyer, credit counselor, or housing counselor. 

Binary options: Ads for binary options or synonymous financial products are prohibited, including those for binary options brokers that only offer binary options, or binary options informational and educational sites. 

Complex speculative financial products: These can only be advertised if the advertiser is a licensed provider or aggregator, the products and ads comply with local laws and industry standards, and the account is certified by Google. The policy covers Contracts for Difference, financial spread betting, rolling spot forex (often referred to as “Forex” or “FX”), and related forms of speculative products. 

Ad destinations that provide signals for the trading of complex speculative financial products are forbidden on YouTube. 

Credit repair services: Ads for credit repair services are not allowed on the platform, covering advertisers that offer credit repair services directly, lead generators, and those that connect consumers with third-party credit repair services. 

Debt services: The only ads for services of this type that are allowed on YouTube, in select countries, are those for debt settlement services that offer to negotiate with creditors a reduced, lump-sum payment that will be regarded as payment in full, and those that offer to negotiate with creditors reduced periodic payments, interest rates, and/or fees. 

Snapchat 

Ads for financial products and services must clearly and prominently disclose all applicable material terms and conditions to consumers prior to the submission of an application. 

Ads for loans must disclose, among other things, APR, repayment period, fees and costs, penalties, and the contact information of the lending institution. 

Ads for products intended for a limited audience should only be targeted to that audience. 

Ads for certain complex financial products, which may include cryptocurrency wallets and trading platforms, require prior approval from Snapchat. 

The platform prohibits: 

• Get-rich-quick offers, pyramid schemes, or other deceptive or too-good-to-be true financial offers.  
• Promising guaranteed financial returns on speculative investments. 
• Ads promoting specific securities or providing or alleging to provide insider tips. 
• Payday loans or predatory lending. 

Pinterest 

Advertisers must be pre-approved by Pinterest, and all applicable terms and conditions must be clearly and prominently disclosed as required by local laws and regulations. 

Ads for products including cryptocurrency products and services and payday loans are prohibited, except for centralized cryptocurrency or digital asset exchanges, and self-hosted and hosted cryptocurrency wallets and storage products and services, which are properly registered and/or licensed and compliant where legally required. 

Ads may not promise financial returns, predict the future value or prices of cryptocurrencies, or use excessive “puffery” to convince people to purchase or use a product or service, but they are allowed to offer minimal reasonable financial incentives. 

Best Practices 

• Be upfront about all pricing for services. 
• Educate clients about complex financial products and services. Videos are well-suited for accomplishing this. 
• For personal finance, educating people helps them manage their finances more effectively and helps financial institutions attract and retain customers. 
• Provide valuable information without a sales pitch. 
• Focus on interactive elements such as quizzes and calculators to help customers make informed decisions and differentiate the brand’s financial services from competitors’ offerings. 
• Include client testimonials in newsletters, social posts, and websites. 
• Put a human face on the brand by featuring photos, stories, or videos spotlighting day-to-day operations, office culture, and the team. 

Creator Marketing for Gambling

Social platforms are strict about marketing financial services, so it comes as no surprise that they are even stricter about marketing activities that have been proven to separate people from their finances and spur addictive behavior. 

Gambling has become more mainstream in recent years, with several U.S. states legalizing it in some form, and ads for betting sites accompanying nearly every televised sporting event. But this doesn’t mean social platforms want their real estate to turn into the new Wild West. 

TikTok 

Ad content on the platform and landing pages that ad content links to cannot sell, solicit, or facilitate access to casinos or gambling activities, either online or in physical establishments, where money is cashed in or cashed out. 

TikTok’s list of prohibited products and services includes: 

• Free credits, vouchers, and coupons, in any form, including printed or digital codes, for use in casinos or gambling games. 
• Websites, software, products, or services that facilitate or drive traffic to casinos and gambling games or their related content, including odds calculators, tips and tricks, rules and strategies, hot picks, and forecasts. 
• Games of luck or chance, such as scratch-off games, bingo, and similar games or apps that could result in monetary or valuable prize gain. 
• Tools, instruments, devices, props, or any other accessories or supplies for use in casinos or gambling games. 

Instagram 

Written permission must be obtained to promote online gambling, online real money games of skill, or online lotteries. This includes ads that promote games with monetary entry or prizes, or games with limited trial periods that require payment after the trial. 

Branded content posts must be targeted to users 18 and older and restricted to the jurisdiction for which permission has been granted, and betting products and services cannot be promoted to users under 18. 

Unregulated betting products and services cannot be promoted on the platform, nor can gaming products and services that are illegal in the target country. 

Instagram professional account holders have access to ad placement controls that let them block ads for categories including gambling. 

YouTube 

YouTube allows certain types of gambling-related promotion if the advertiser has received Google Ads certification for the category and approved countries are targeted. Those ads must lead to landing pages with information about responsible gambling, and minors must never be targeted. Examples include: 

• Offline gambling: the promotion of physical, real-money gambling activity or establishments, such as brick-and-mortar casinos, entertainment events at casinos, or streaming of offline poker tournaments. 
• Online gambling: the promotion of online, real-money gambling, including online casinos or bookmakers, bingo or slots sites or apps, online lottery ticket or scratch card purchases, online sports betting, games played with virtual currencies, and items that have real-world value. 
• Sites that contain or link to content relating to online gambling: including promotional products like vouchers or bonus codes; educational materials like tutorials or ebooks; software like poker odds calculators; gambling-related information including tips, odds, handicapping, and sports picks; and aggregator or affiliate sites that promote gambling-related content. 
• Online non-casino games: the promotion of internet-based games where money or other items of value are paid or wagered in exchange for the opportunity to win real money or prizes based on the outcome of the game, such as fantasy sports, online chess tournaments, or “match-three” video games played for money or prizes. 
• Social casino games: the promotion of online simulated gambling games where there is no opportunity to win anything of value, such as money or prizes. 

Snapchat 

Advertisers for online casinos, brick-and-mortar casinos, lotteries, daily fantasy sports, and any product or service (including online or mobile games) that asks Snapchat users to pay to play games of chance to win prizes with real-world value must be pre-approved by Snapchat, which includes providing the platform with proof of all applicable licensing or registration. 

Ads must not target people under the legal gambling age in the territory where the ad will run. 

Prohibited actions include: 

• Targeting territories where the advertiser is not authorized to operate. 
• Targeting or appealing particularly to people under the legal gambling age in the territory where the ad will run. 
• Glorifying gambling or misrepresenting the benefits of participation. 
• Encouraging individuals to play beyond their means. 
• Promoting gambling tipster services (information about odds or offers available from gambling operators). 

Pinterest 

Ads for brick-and-mortar casinos that do not lead to online gambling, lotteries, or games of skill are permitted except in countries where they are prohibited. 

Pinterest does not allow advertising of: 

• Lotteries, unless they are included in the country-specific guidelines. 
• Gambling game apps. 
• Gambling websites. 
• Fantasy sports or other online prize-based games that require payment for entry. 

Best Practices 

• Brands should seek collaborations with influencers who have a genuine interest in their products, as the authenticity they bring builds trust between the brand, the creator, and the creator’s followers. 
• Content should emphasize responsible gambling behaviors. 
• Content that may appeal to underage audiences should be avoided. 
• Creators can host giveaways or promotions with the brand to increase visibility and encourage user participation. 
• Optimize content for the platform where it will run. Facebook is well suited for livestreaming of tournaments or celebrity interviews. Short posts about promotions or discount codes are a good fit for X. Aesthetic photos of a casino’s ambiance work well on Instagram. TikTok is a good destination for tips on casino strategies. And YouTube is where brands and creators can go long, providing detailed game reviews or live commentary. 

Creator Marketing for Healthcare and Pharmaceuticals

It should come as no surprise that an industry with products that can cause serious issues or fatalities if abused or used incorrectly is heavily regulated, and the Health Insurance Portability and Accountability Act is at the center of it all, bringing with it maximum penalties of more than $2 million for violations. 

An important area of HIPAA for creator marketing is its Privacy Rule, which prohibits the sharing of protected health information such as address, date of birth, health history, name, payments for care provided, Social Security number, treatment plans, or photos that reveal a patient’s face, name, or other identifying details. 

TikTok 

Promotion of medical institutions, over-the-counter medicines, and pharmacies is generally prohibited on the platform, but some exceptions can be made in cases where the product or service being promoted complies with local laws and regulations, is licensed by the regional regulating authority, and is targeted to users 18 and older. 

The same requirements apply to advertising select equipment, medical devices, and tools used for diagnosing, monitoring, or treating medical conditions. 

Instagram 

• Prescription drugs: Online pharmacies, pharmaceutical manufacturers, and telehealth providers must apply for permission from Meta, and branded content posts promoting prescription drugs are limited to Canada, New Zealand, and the U.S., and to users 18 and older. 
• Pharmacies: These companies must be certified by LegitScript and receive written permission from Meta. 
• Cosmetic procedures, cosmetic surgery, weight loss products, or weight loss services: Branded content must be age-gated to people 18 and older. 
• Contraceptives: Branded content must be age-gated to people 18 and older, and the content must focus on the contraceptive features of the product, and not on sexual enhancement or sexual pleasure. 

YouTube 

• Pharmaceutical manufacturers: Pharmaceutical manufacturers certified by Google can only advertise prescription drugs in Canada, New Zealand, and the U.S., and bulk drug manufacturers, medical professional suppliers, and antibody/peptide/compound suppliers for commercial labs are limited to Canada and the U.S. The list of countries where over-the-counter medicines can be promoted is available here. The use of prescription drug terms in ad text, landing pages, or keywords is prohibited outside of Canada, New Zealand, and the U.S. 
• Prescription drug services: The promotion of services related to online dispensation, prescribing, and sale of prescription drugs is restricted, and Google said its policy is to err on the side of caution, particularly in cases where landing pages link or refer to content that in any way appears to facilitate those activities. 
• Prescription opioid painkillers: Google does not allow ads promoting or selling prescription opioid painkillers, which do not include medication-assisted treatment drugs for opioid use disorder that meet other requirements. In limited cases, some advertisers can apply to Google for a certificate allowing them to refer to opioids in their ads. 
• Speculative and experimental medical treatment, cell therapies, and gene therapies: Google allows the promotion of Food and Drug Administration-licensed or approved cell or gene therapies in the U.S. by entities with the relevant FDA license or approval to market the product. Ads for cell or gene therapies that are exclusively educational or informational in nature are allowed, regardless of regulatory approval status. Topics that are forbidden on its platforms include speculative and/or experimental medical treatments, and cell or gene therapies. 
• Clinical trial recruitment: Promotion is only allowed in the countries listed here, and this content may not promote prescription drugs, create misleading expectations or effects of a product being tested, or imply that the product being tested is safe. 
• HIV home tests: Promotion of HIV home tests is only permitted in France, the Netherlands, the U.K., and the U.S. They must be FDA-approved in the U.S. and meet local regulatory requirements in the other markets. 
• Abortion: The list of countries where abortion ads are forbidden can be found here. Abortion-related ads will not appear on Google Display Network. Advertisers in Ireland, the U.K., and the U.S. that want to run ads using queries related to getting an abortion must first be certified as an advertiser that either provides abortions or does not provide abortions. 
• Birth control: The list of countries where birth control ads are forbidden can be found here. 
• Addiction services: Ads for recovery-oriented drug and alcohol addiction services are only allowed in Australia, Ireland, New Zealand, and the U.S. 
• Health insurance: In the U.S, government advertisers are pre-approved, and others must be certified by Google to promote health and medical insurance coverage, including fixed indemnity health insurance, individual health insurance, limited-duration insurance, Medicaid, Medicare Advantage, Medigap, and short-term insurance. Ads exclusively for dental, travel, and vision insurance coverage are not restricted. Details for other countries are available here. 

The promotion of the following types of unapproved substances is prohibited by Google: 

• All items on this list of prohibited pharmaceuticals and supplements. 
• Products that contain ephedra. 
• Products containing human chorionic gonadotropin (hCG) in relation to weight loss or weight control, or when promoted in conjunction with anabolic steroids. 
• Herbal and dietary supplements with active pharmaceutical or dangerous ingredients. 
• Products that imply that they are as effective as prescription drugs or controlled substances. 
• Non-government approved products that are marketed in a way that implies that they’re safe or effective for use in preventing, curing, or treating a particular disease or ailment. 
• Products that have been subject to any government or regulatory action or warning. 
• Products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance. 
• DHEA (dehydroepiandrosterone) products (except in the U.S.) or Melatonin products (except Canada and the U.S.). 

Snapchat 

Snapchat defines “medication” as medicinal devices, medicinal topics, nutritional supplements, over-the-counter medications, and prescription medications. Meanwhile, medication ads are any ads that promote a medication or a study that may include medications. 

Ads in those categories can only target countries where the product is legally approved and cannot be directed at people under the legal age in the country where the content is displayed, or to places where the content isn’t permitted. 

• Online pharmacies: Ads must be registered with the relevant authorities in the country where the ad is running. 
• Prescription medicines: All advertisers must be pre-approved by Snapchat and may be required to submit proof of authorization to advertise the medicine in the applicable jurisdiction.  The only countries where these ads can be targeted are: Algeria, Bahrain, Canada, Costa Rica, Egypt, Hong Kong, Japan, Kuwait, New Zealand, Oman, Qatar, Saudi Arabia, Singapore, Tunisia, the United Arab Emirates, and the U.S. 
• Over-the-counter medicines: All advertisers must be pre-approved by Snapchat and may be required to submit proof of authorization to advertise the medicine in the applicable jurisdiction. Targeting ads for OTC medicines is not allowed for the following countries: Colombia, Iraq, Lebanon, Romania, Spain, and Turkey. Age restrictions in other countries are: 15 and older (Czech Republic), 16 and older (Israel and the U.K.), and 18 and older (Argentina, Egypt, Finland, Italy, Kuwait, Lithuania, Oman, Poland, Portugal, Russia, and Sweden). 
• Health and dietary supplements: All advertisers must be pre-approved by Snapchat and may be required to submit proof of authorization to advertise the medicine in the applicable jurisdiction. Advertisers cannot: Promote products that may present risks for consumers; promote weight-loss supplements; include exaggerated or unrealistic claims; or include “before and after” pictures related to weight loss. The age targeting limit is 18 and older in Colombia, Greece, Kuwait, and the U.S. 
• Diet and fitness: Ads must not: Contain over-exaggerated claims or “before and after” images; demean the user, or shame anyone on the basis of body shape or size; or mislead or inaccurately describe the qualities and characteristics of a food product, including any associated health and nutritional claims. They must be targeted to users 18 and up. 
• Condoms: Content may not depict sex acts or overly provocative imagery. Ads for condoms cannot be targeted to the following countries: Bahrain, Ireland, Kuwait, Lebanon, Monaco, Oman, Poland, and Qatar. They can only be targeted to people 16 and older in Norway, and 18 and older in Australia, Chile, Egypt, Lithuania, Peru, Philippines, Portugal, Russia, Slovakia, and Turkey. 
• Hormonal contraceptives: Hormonal contraceptives classified as medicines are subject to the policies for either prescriptions or OTC, as applicable according to country-specific requirements. Snapchat does not permit targeting ads for hormonal contraceptives to the following countries: Bahrain, Colombia, the Czech Republic, Denmark, Germany, Iraq, Ireland, Italy, Kuwait, Lebanon, Monaco, Oman, Poland, Qatar, Romania, Saudi Arabia, Spain, Switzerland, Thailand, Turkey, the United Arab Emirates, and Uruguay. They can only be targeted to those 18 and up in Australia, Egypt, Lithuania, Portugal, and Slovakia. 
• Cosmetic products and procedures: Ads for plastic surgery cannot be targeted to Greece, Hong Kong, India, Indonesia, Italy, Jordan, Lebanon, Monaco, Oman, Philippines, Poland, Serbia, Tunisia, or Turkey. The age restriction is 18 and up except for Bahrain (21 and older). Ads for non-surgical cosmetic procedures, such as lip fillers and botox, must be age-targeted 18-plus. Ads for skin lightening products or procedures are forbidden on the platform. 

Pinterest 

Pinterest allows advertising for the following, except where prohibited in country-specific guidelines: 

• Eyeglasses and contact lenses. 
• Class I and II medical devices. 
• Over-the-counter non-prescription medicines. 
• OTC contraceptive products that don’t focus on sexual pleasure or performance. 
• Telehealth providers, with restrictions. 

Ads for the following are allowed, with restrictions: 

• Pharmaceutical manufacturers (branded or unbranded). 
• Prescription drugs (for humans or pets). 
• Online pharmacies. 
• Prescription telehealth providers. 
• Weight loss products and services. 

Ads promoting healthy lifestyles and habits or fitness services and products are allowed as long as they don’t focus on weight loss, but the following are prohibited for weight loss ads: 

• Any weight loss language or imagery. 
• Any testimonials regarding weight loss or weight loss products. 
• Any language or imagery that idealizes or denigrates certain body types. 
• Referencing body mass index (BMI) or similar indexes. 
• Weight loss or appetite suppressant pills, supplements, or other products. 
• Any products that claim weight loss through something worn or applied to the skin. 
• Before-and-after weight-loss imagery. 
• Weight loss procedures like liposuction or fat burning. 
• Body shaming, such as imagery or language that mocks or discredits certain body types or appearances, or that calls negative attention to areas of the body. 
• Claims regarding unrealistic cosmetic results. 

Finally, Pinterest does not permit ads for: 

• Clinical trial recruitment. 
• Paternity tests. 
• Direct-to-consumer genetic tests, except those for genealogical purposes. 
• Surrogacy services. 
• Claims regarding the prevention or cure of disease. 
• Products or advice that could be unsafe, unreliable, or easily abused. 
• Invasive medical procedures. 
• The sale or purchase of human body parts, organs, tissues, or fluids. 

Best Practices 

According to the FTC: 

• Claims that creators make in their content must be substantiated prior to posting. 
• Experience with products that are shared by creators must be authentic and truthful, with no misrepresentations or omissions. 
• Disclaimers are required in the caption, the post itself, or the comments section, such as, “Use as directed,” or, “These statements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. 

Mind the funnel: 

• At the top of the funnel, the education and awareness stage, use ads that describe a disease or condition but do not recommend specific drugs. Include ways for users to contact the company for more information. 
• In the diagnosis stage, or the middle of the funnel, add to the type of content described above for the top of the funnel with product claim ads, which name the drug and the condition it treats and discuss benefits and risks. 
• At the bottom of the funnel, the treatment stage, use product claim ads and reminder ads, which contain the name of the drug but not the condition it treats or how long it is effective. 

Other general best practices for this sector: 

• Include a clear visual of the brand and product within the first few seconds of a video or within the first frame of your content to enhance brand recall. 
• Brands should confirm claims that products cure or relieve pain or symptoms, and they should approve creators’ comments about their products. 
• The correct dosage should be featured, and creators should follow the instructions on the label. 
• For content that features multiple products, ensure that it is safe to take them together. 
• Answer questions that are likely to be asked by patients and doctors who are consumers and customers of pharmaceutical products. 
• For gummies, do not reference limiting sugar consumption, do not show gummies in the pill container, and do not compare them to candy. 

Conclusion 

“It can be hard for these highly regulated industries to get creative in their marketing since there are often so many rules, especially with pharma and finance,” Open Influence Senior Vice President, Strategic Accounts Suzanne Browne Mead said. “Influencer content can be a great and effective way to relate authentically with audiences in new ways that are less scripted and ad-like.”

She added, “Partnering with Open Influence, which understands the regulations while effectively collaborating with creators, is essential. It’s all about striking the right balance between creative freedom and compliance to produce outstanding influencer content.”