Widely regarded as one of the most effective forms of online marketing, the efficacy of the influencer model lies in the sway that content creators hold over their audience.
In 2019, a survey conducted by Rakuten Marketing in the United States, Australia, France, Germany and the United Kingdom found that 41% of users who actively engage on social media platforms frequently discover new brands and products through influencers. In addition, 80% had purchased products directly via influencer links, with 88% stating they were, at the very least, inspired by influencer posts.
The efficacy of influencer content has led many supplement brands to integrate sponsored content, brand ambassador programs and product reviews and unboxings into their marketing plans, but these strategies do not come without risk.
In Europe, there are strict laws governing the health claims that can be made for dietary supplements. The regulations apply not only to ingredient suppliers and finished product brands but also to individuals marketing products online. However, awareness of these laws appears to be limited in online spaces.
A 2022 evaluation by CVUA Stuttgart, a German food safety authority, found that around 90% of health claims made by influencers promoting supplements were deemed inadmissible. In addition, a separate evaluation by German researchers found that around two-thirds of dietary supplements advertised by influencers exceeded the recommended maximum daily amounts for vitamins and minerals, without the influencers disclosing the risks of overdose.
When used responsibly, however, influencer marketing can be a powerful way to communicate evidence-based information, improve consumer understanding of supplements and promote informed, responsible use, according to Simon Pettman, executive director of the International Alliance of Dietary Supplement Associations (IADSA). Risks only arise when influencer activity operates without clear rules or effective oversight.
“In recent years, there have been repeated instances of influencers making claims that are not permitted, including suggesting disease prevention or treatment, presenting personal experiences as general outcomes, or failing to clearly disclose paid partnerships,” he said. “For consumers, this can create confusion about what supplements can realistically deliver. For brands, it undermines trust in the category and damages those companies that invest in compliance, science and responsible communication. Just as importantly, it creates an uneven playing field.”
Influencers and companies that adhere to the rules may be at a disadvantage compared with those willing to push boundaries to gain visibility and engagement.
“At the same time, it is important to recognize that the supplement sector believes strongly that a credible and trusted marketplace can benefit both consumers and responsible businesses,” Pettman added.
How is influencer marketing regulated in the supplement industry?
In the European Union, influencer marketing is not regulated by a single piece of legislation but rather multiple laws governing food information and consumer protection, including Regulation (EC) No 1924/2006 on nutrition and health claims and Regulation (EU) No 1169/2011 (FICO), Article 7, on information accuracy.
Some member states have also adopted their own specific laws. For example, in 2023, France introduced legislation to prevent scams and abusive practices by influencers on social media. It states that influencers must inform their viewers of paid partnerships and restricts their ability to market certain products, including medicines and financial services.
Italy has also adopted guidelines and a code of conduct to better regulate commercial communications. These new rules allow governing authorities to fine influencers up to €600,000 for violations.
Regardless of country-specific laws, both brands and influencers across Europe must follow the general EU framework for advertising across all communication channels, explained Katia Merten-Lentz, founder and manager of Food Law Science & Partners.
“An Instagram post or a TikTok video is subject to the same requirements as traditional advertisements,” she said. “As a result, influencers promoting supplements are forbidden from making unauthorized claims, exaggerations or statements that could mislead consumers.”
Liability for non-compliance: Where does it fall?
If influencers are found to have made unauthorized health claims, they are likely to be liable for any non-compliance penalties, though liability may fall on the brand if it has contracted an influencer.
“If an influencer makes an unapproved claim about a supplement, liability depends on whether or not the brand controlled the communication,” Merten-Lentz said. “If the influencer has worked under the brand’s supervision, for example if the brand provided a script, talking points, product pitch and/or approved the content, then the brand is liable. In this case, the influencer is acting as a medium of the company’s marketing, so the company is responsible for ensuring all claims and commercial communication comply with EU regulations.”
Outside of contracts, brands can also be found liable if any form of compensation is given, according to Kristy Coleman, co-founder of legal consultancy group AK Collective.
“If a brand has given an influencer a monetary payment, a gift or treated them to an experience, any communication that influencer makes could be treated as a brand communication,” she said. “The same applies when supplement companies cherry-pick customer testimonials. When shared on a company’s website or social media, these testimonials are treated as brand communication and are therefore caught by the same regulations.”
Images can also constitute health claims, so before-and-after photos that imply an unauthorized health claim could also breach regulations when shared on company’s website or social media, Coleman added.
Supplement companies must also be aware of rules surrounding the use of healthcare professionals in the advertisement of supplements. EU law prohibits referring to individual health professionals in health-related marketing communications, with some member states imposing stricter rules. For example, in the Netherlands, healthcare professionals are prohibited from making any form of health claim in advertisements for food supplements.
“Generally, it is forbidden for healthcare professionals to promote supplements as they are supposed to stay neutral,” Merten-Lentz said. “This kind of promotion is considered confusing for the consumers [due to] presumptions around health benefits.”
How can supplement brands safeguard themselves?
To protect themselves from non-compliance penalties, supplement companies must clearly communicate what can and cannot be said about their product or ingredient.
“If there is an agreement between the influencer and the brand, the brand needs to build a robust contract with strict clauses requiring the influencer to follow the brand’s pitch and recommendations to ensure EU claim rules are followed and to avoid any unapproved statements,” Merten-Lentz said.
When a contract is in place, the supplement company should stipulate that it has the right to remove the content in the event of a legal breach and that the influencer is responsible for any consequences of non-compliance.
If a product is sent for free without a contract between the brand and the influencer, the legal situation can quickly become murky, as the brand has no control over what the influencer might say.
To avoid any unauthorized claims, Coleman suggests brands send a one-page document with the product that clearly outlines brand guidelines.
“This document should state that the product is a food supplement and not a medicine, and it does not claim to treat X, Y and Z,” she said. “They should keep the document very factual. Say, for example, it’s a probiotic, they might talk about the numbers of colonizing units, the form it’s in or how to store it—really simple, factual things.”
Supplement companies looking to share customer testimonials can do so by linking to third-party platforms, such as Trustpilot. Companies have no control over these third-party review sites, thereby offering an unbiased way to share customer testimony, without being accused of cherry-picking positive appraisals.
A legal expert's advice for brands working with influencers
AK Collective's Kristy Coleman recommends supplement brands follow three pieces of advice when working with influencers:
- Be clear about what can and cannot be said about a product. The easiest way to do this is to send out a document alongside the product. This is particularly important when the brand does not have a contract with the influencer.
- Closely monitor your product and how it is being spoken about online. This can help brands catch any non-compliant claims.
- Don't assume that you can share a review by a third party (such as an influencer, a healthcare professional or a customer) on your website or social media. The content must be reviewed to ensure it complies to your own internal compliance checks and the law. If it refers to an unauthorized health claim, don't use it.
How well are breaches monitored?
As a growing number of member states begin to clamp down on influencer marketing practices, it is more important than ever that supplement companies abide by the advertising codes of conduct set out by their respective countries.
Turkey’s trade ministry, for example, has begun to actively fine social media influencers for violating advertising regulations, including failing to label sponsored content and making misleading health claims.
In the UK, the ASA has integrated an AI tool to monitor advertising breaches, scanning millions of ads every year for non-compliance. In 2024, the advertising body reported that 94% of the 33,903 ads it had amended or withdrawn came from its AI-based active ad monitoring system. This has also resulted in more penalties being issued to companies, with an adverse ASA ruling now acting as a trigger for the Competition and Markets Authority (CMA) to impose fines of up to 10% of a company’s global turnover.
Even so, the European Consumer Organisation (BEUC) argues that laws surrounding influencer marketing are currently insufficient to protect consumers and is calling for a ban on influencers marketing food supplements.
“To improve compliance, policymakers should enshrine a definition of influencer marketing in EU law through the upcoming Digital Fairness Act with clear requirements on how to label it,” said Irina Popescu, food policy officer at BEUC. “They should also prohibit influencer marketing of some risky products and services, including food supplements.”
“Member states should introduce publicly accessible registers for influencers meeting certain criteria (e.g., regarding their reach or annual revenue),” she added. “This would equip authorities and help them react quickly in case of breach. Member states can also implement additional rules and targeted bans.”
While influencer marketing of food supplements remains legal, the IADSA states that education and sector-specific guidelines are essential. Influencers, brands, marketing agencies and social media platforms must all be aware of how to comply with advertising laws, and this can only be achieved with a combination of education, oversight and enforcement, according to Pettman.
“Governments are increasingly setting rules for influencers, but these have so far focused primarily on disclosure of paid advertising,” he said. “This is where sector-specific guidance is critical. Industry initiatives, such as IADSA’s Good Practice Guide on Influencer Marketing are designed to complement guidance by translating legal requirements into practical expectations for both the sector and influencers.”
Finally, Pettman recommends that supplement brands follow three rules when using influencers to market their products.
“First, treat influencers as an extension of your regulatory responsibility,” he said. “Invest in long-term relationships that build understanding of the category, its scientific boundaries and legal requirements.
“Second, help create a fair playing field by supporting consumer awareness and clear mechanisms for reporting misleading or non-compliant content. Responsible influencers also benefit when rules are applied consistently.
“Third, anticipate how new influencer formats may be used to gain competitive advantage, including virtual and AI-generated influencers, and ensure internal controls prevent regulatory and reputational exposure. As digital marketing evolves rapidly, risk-based approaches and responses must keep pace to protect consumers and ensure fair competition.”
