Five considerations for compliant Rx-influencer brand partnerships

1. Strike that delicate balance between creative freedom and compliance. Influencers who typically partner with non-Rx brands may be accustomed to creative freedom. But partnerships with Rx brands are subject to FDA (Food and Drug Administration) and FTC (Federal Trade Commission) regulations, so it’s important to be transparent from the start about the content review process. This includes providing helpful instructions on the inclusion of product claims and being clear that once content is “final” it cannot be modified – particularly after it has been filed with the FDA. That said, co-created content with influencers must still feel authentic to their unique voice and personal brand. The secret to getting great, compliant content approved is compromise.

2. Create a fair balance gameplan. Even with limited character counts or small image sizes, the presentation of a product’s most important risks must be equivalent to the presentation of benefits. This means you need an air-tight gameplan for how an influencer can incorporate indication, important safety/risk information and a link to prescribing information into their social content. The FDA is paying attention to these placements and will issue enforcement action on celebrity sponsored posts if warranted. The good news? There is no shortage of creative approaches to fair balance, particularly on Instagram. Before starting the content creation process, ensure you take a look through those examples (here’s a shortcut).

3.  Don’t assume #ad is sufficient for the FTC. The FTC expects influencers to clearly disclose they’re being paid, without just slotting #ad into a group of hashtags at the end of social copy. Luckily, the FTC has also made a huge effort to break this down for influencers, releasing a plain language guide on disclosures. On the brand disclosure front – social platforms are evolving to make this easier and more straightforward. For example, Meta’s Branded Content Tool allows influencers to link their content to their partner brand.

4. Be transparent about the connection between influencer brand. In addition to ensuring influencers are making it clear that their content is sponsored (and by whom), the FTC requires they include a connection to the product. For Rx, this means disclosing whether or not the influencer actually takes the product. If they don’t, it’s important to establish why it’s relevant to them. Do they or a loved one live with the condition? Does a loved one take the product? It’s fine for influencers to raise awareness for a drug they don’t use as long as they don’t make false claims about their experience.

5. Ensure you’re aware of each social platform’s latest offerings. Including fair balance and disclosures varies widely from platform to platform. On Twitter for example, scrolling ISI (important safety information) and indication should primarily be included in video or imagery assets, as the limited character counts do not allow for sufficient fair balance in the copy. But social and digital marketing offerings change all the time (remember when Tweets were 140 characters?). As platforms continue to evolve their formats, it’s critical to consider the most up-to-date functionality for co-created content. Meta has made great strides in offerings for pharma brands, including an option for a secondary link within Instagram ads driving to prescribing information or ISI. Unfortunately, this offering isn’t formally available for Rx brand content from third-party (influencer or celebrity) channels, but hopefully it will be soon.