Social media ads on Instagram, TikTok and Facebook promoting weight loss injections using “discount codes and referral links” have been banned by the Advertising Standards Authority (ASA).
Published today, it said these are the “first rulings” to be made against the promotion of weight loss prescription-only medicines (POMs) “through affiliate and referral links on social media”.
Read more: ASA weight loss jab ad triple ban for ‘targeting body insecurities’
The ASA said the posts – made by members of the public – promoted weight loss jabs, including Mounjaro, for the online pharmacies Menwell Ltd (trading as Voy), Health Bridge (trading as Zava) and MedExpress Enterprises Ltd as well as the online prescribing service UK Meds Direct.
The posts “broke the law”, along with the ASA’s own rules, by “advertising these medicines to the public”, it added.
Read more: ‘Crystal clear’: ASA bans ‘indirect’ weight loss jab advertising
The ASA noted that while the companies “hadn’t directly asked for the posts to be made, they did control how their affiliate and referral schemes worked”.
“This meant they were also responsible for making sure the advertising rules were followed,” it stressed.
The rulings “make clear” that both brands and individuals are “responsible for sticking to the advertising rules”, it said, explaining that “posts referencing affiliate or referral schemes can still count as ads, even if they appear on personal social media accounts”.
Promoted POMs to public
The ASA found that the social media ads – because they were “public posts” – promoted POMs by “naming them directly, using related hashtags, showing images of injection pens or encouraging followers to start their own weight-loss ‘journey’, alongside offering discounts or incentives”.
And it explained that affiliate or referral schemes “typically allow individuals to share links or discount codes, earning a reward or benefit if someone else uses them”.
This can mean members of the public promoting POMS to friends, family, followers and the public, “sometimes without realising that their posts may be ads or that strict rules apply”, it added.
Read more: ASA ‘confident’ it can tackle online POM advertising
“These rulings form part of our ongoing, multi-pronged and tech-assisted approach to tackling ads for weight loss,” the ASA said.
“We know this remains a widespread and high-profile issue and we’re continuing to monitor ads in this area, working closely with our partners at the Medicines and Healthcare products Regulatory Agency (MHRA) and the General Pharmaceutical Council (GPhC),” it noted.
It added that promoting POMs “irresponsibly and illegally” can put people at “serious risk”.
“Affiliate marketing is not a loophole”
Zava told C+D today that it is “committed to being a responsible and compliant healthcare organisation that follows regulation and guidance from the ASA”.
“While we were disappointed by the ruling, we note that we had no commercial or affiliate relationship with the social media users who created the posts in question, and as a business we do not have oversight or control over content shared independently by members of the public on their own social media channels,” it said.
“Following discussions with the ASA, we continue to reflect on the guidance we provide to patients and our internal processes, with the aim of supporting the ASA’s wider efforts to reduce the risk of inadvertent non-compliant advertising within the healthcare sector,” it added.
C+D also approached Voy, MedExpress and UK Meds Direct for comment but did not receive a response.
Read more: Roz Gittins: GPhC won’t ‘stifle innovation’ in weight loss market
ASA investigations manager Catherine Drewett said that today’s rulings “send a clear message that affiliate marketing is not a loophole and that promoting prescription medicines through social media, whether as a brand, influencer or customer, is against the law and our rules”.
The ASA will “continue to take swift action in this area to make sure the rules are followed and that people are protected from harmful and irresponsible ads” she added.
And MHRA interim executive director of healthcare quality and access Julian Beach welcomed the rulings, stressing that “the promotion of these medicines through affiliate schemes and social media circumvents important safeguards that exist to protect patients”.
Read more: Weight loss clinic admits affiliate codes shared ‘against regulations’
It comes after the ASA banned weight loss injection ads from three online pharmacies in December for “targeting body insecurities”.
Meanwhile, the ASA published nine rulings in July against companies found to be illegally advertising weight loss jabs online and on social media, clarifying that “indirectly” advertising weight loss POMs is banned.
