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Advertising in regulated sectors | Practical guide for businesses and companies

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Advertising in regulated sectors is an activity that combines creativity with compliance with the legal framework governing advertising. In particular, advertising in certain market sectors—such as health, finance, food, telecommunications, or energy—is subject to strict rules aimed at protecting consumers and users.

Ignoring these obligations can result in multi-million-euro fines, campaign bans, reputational damage, and even criminal liability. Therefore, understanding European advertising regulations and adapting them to your advertising strategy is essential to compete on equal terms.

Risks for consumers and the protective role of the law

First of all, it is worth recalling that the underlying purpose of this regulation lies in consumer protection. In sectors such as health (medical devices, medicines), finance (banking services, investments), food (supplements, functional foods), energy, or telecommunications, the consumer lacks sufficient technical knowledge to assess the safety or effectiveness of a product.

For this reason, legislation seeks to act proactively, setting certain limits. In this way, it prevents advertising from misleading, creating unrealistic expectations, or encouraging risky behaviour for the consumer or user.

Sectors subject to special regulation in the European Union

Secondly, it is essential to identify the sectors that are particularly regulated within the European single market. Some examples include:

  • Medical devices and medicines: restrictions on direct-to-consumer advertising, control over therapeutic claims.
  • Financial services and crypto-assets: requirement for clear and non-misleading information to prevent fraud.
  • Food supplements and functional foods: control over nutritional and health claims.
  • Gambling and betting: restrictions to protect minors and prevent addictions.
  • Telecommunications: transparency regarding tariffs, connection speed, and contractual conditions.
  • Energy and basic utilities: obligation to provide clear information on tariffs and prohibition of energy-related greenwashing.
  • Transport and mobility: clear final pricing, prohibition on concealing surcharges or fees.
  • Alcoholic beverages and tobacco: advertising restrictions and ban on messages promoting excessive consumption.
  • Environment and sustainability: control over misleading environmental claims.
  • Automotive sector: mandatory information on emissions and consumption, prohibition of advertising that encourages dangerous behaviour.
  • Gambling and betting (optional): with restrictions aimed at preventing addictions and protecting minors.

Sectoral legislation on advertising is divided into horizontal rules (more general) and sector-specific rules for each sector.

Horizontal legislation applicable to all commercial advertising

Sector-specific regulations

Health

Finance and Fintech

Agri-food

Telecommunications

  • Directive (EU) 2018/1972 – European Electronic Communications Code.
  • Comparative advertising and transparency on speed and tariffs.

Energy and utilities

  • Directive (EU) 2019/944 on common rules for the internal electricity market.
  • Clear information on tariffs and the origin of energy.
  • Prohibition of misleading green advertising.

Transport and mobility

  • Regulation (EC) 1008/2008 (air transport) and rail and road transport regulations.
  • Obligation to display the final price including taxes and surcharges.

Alcoholic beverages and tobacco

  • Directive 2010/13/EU on audiovisual media services.
  • Prohibition on targeting advertising at minors and sponsorship limitations.

Environment and sustainability

  • Directive (EU) 2005/29/EC and forthcoming Directive against greenwashing.
  • Requirements for truthfulness and documentary evidence in environmental claims.

Automotive

What requirements must advertising in regulated sectors meet?

Advertising in regulated sectors must comply with a series of principles and obligations that depend not only on the content of the message but also on the dissemination channel, the target audience, and the economic sector it is aimed at. Below are the essential requirements that every campaign must respect in order to comply with the legal framework for advertising in the European Union and in each Member State.

General principles of legality, truthfulness, and transparency

First of all, any commercial communication in regulated sectors must be based on three pillars: legality, truthfulness, and transparency.

  • Legality: the message must comply with horizontal rules (such as Directive 2005/29/EC on unfair commercial practices) and the applicable sectoral legislation. For example, in the health sector, advertising of prescription medicines to consumers is prohibited; in the automotive sector, it is mandatory to include consumption and emissions data.
  • Truthfulness: every claim must be verifiable with reliable evidence. This includes nutritional claims in food, promises of returns in financial products, or connection speeds in telecommunications.
  • Transparency: the consumer must receive clear, understandable, and sufficient pre-contractual information to make informed decisions. This is especially relevant in the energy sector, where the origin of the electricity must be indicated, or in transport, where the final price with all fees included must be shown.

Practical example: A telecom operator promoting “1 Gb/s fibre” must guarantee that minimum speed under normal usage conditions and explain any possible limitations in rural areas.

Specific restrictions by channel and target audience

Secondly, legal compliance depends not only on the content but also on the dissemination channel and the profile of the recipient.

Prohibitions in advertising aimed at minors:

  • Tobacco and alcohol: total ban.
  • Gambling: strict restrictions and mandatory warning messages.
  • Digital marketing in apps or video games: parental controls and prohibition on encouraging impulsive purchases.

Limitations in digital media and social networks:

  • Health: ban on showing “miracle” medical results or results without scientific support.
  • Finance and crypto-assets: obligation to warn about risks and volatility.
  • Environment: prohibition on green claims without documented evidence (to prevent greenwashing).

Practical example: An airline cannot advertise “free flights” if the consumer must pay mandatory taxes, even if the offer is only promoted on social media.

Transparency obligations in digital advertising (platforms, influencers, comparison websites)

Thirdly, the rise of digital marketing has led to new transparency obligations, particularly for platforms, influencers, and marketplaces.

Application of the DSA (Regulation 2022/2065)

Under the DSA, ads must be clearly identified as advertising, and information must be provided about the advertiser and, where applicable, the actual sponsor of the campaign. Platforms must also allow users to know why they are seeing a specific ad (targeting criteria).

Advertising code of conduct

In some countries, the Code of Conduct on the Use of Influencers in Advertising requires paid mentions to be labelled as “advertising” or “paid partnership.”

Obligations for marketplaces, mobile apps, and comparison sites:

  • Display final prices including taxes and charges.
  • Avoid falsified rankings or reviews.
  • Prohibition on using fake offers as bait.

Practical example: An influencer promoting a dietary supplement must clearly state that the content is sponsored, provide full nutritional information, and avoid making claims without scientific backing.

Practical guide for businesses: how to comply with the regulatory framework

Today, companies operating in regulated sectors must not only design attractive advertising campaigns but also ensure that these strictly comply with the applicable advertising regulatory framework. At Arthur & Marin, we are experts in Business Law and Corporate Consulting. This section offers a practical guide for businesses, with real examples, to minimise risks and avoid penalties.

Legal checklist to validate an advertising campaign

Before launching any marketing action, it is essential to carry out a prior legal review that includes:

  • Analysis of the advertising copy, media, and segmentation: verifying that the message complies with the principles of legality, truthfulness, and transparency required by both sector-specific and general regulations.
  • Validation of the content according to the specific regulation of the sector: for example, in pharmaceuticals (ban on direct advertising of prescription-only medicines), in finance (obligation to include clear warnings about investment risks), in telecommunications (restrictions on offers tied to long-term contracts), or in crypto-assets (requirement for risk warnings in line with CNMV and MiCA rules).
  • Verification of technical and formal requirements in digital channels, ensuring compliance with the Digital Services Act (DSA), the GDPR, and regulations on cookies and advertising traceability.

This advertising due diligence is the first line of defence to prevent sanctioning proceedings and reputational damage.

Internal advertising compliance policy

To ensure ongoing compliance, companies should implement an internal advertising compliance policy that includes:

  • Pre-control procedures, with special attention to high-risk sectors such as food, alcoholic beverages, gambling, or energy.
  • Full legal support for the review of projects and campaigns.
  • Monitoring of claims and verification of legal requirements in digital media and social networks.

This preventive approach strengthens the company’s legal security and avoids penalties that could lead to significant economic losses.

Documentation and traceability of advertising decisions

Traceability and record-keeping are essential to prove regulatory compliance. Keeping an internal archive with all legal reviews, approvals, and versions of each advertisement is a preventive strategy against potential inspections or claims. In practice, this means keeping:

  • Legal reports and opinions issued before the campaign launch.
  • Graphic evidence or screenshots of the advertising creatives as they were published.
  • Internal correspondence proving that the company carried out a prior legal review.

Moreover, this archive becomes an internal knowledge repository. In the event of an inspection, having a complete record can make the difference between a penalty and a simple adjustment request. It is advisable to implement a filing system that allows quick access to any necessary evidence.

Review of international advertising

When a company operates in several EU countries or exports outside the EU, reviewing international advertising becomes essential. Advertising regulations vary significantly between jurisdictions. To avoid conflicts, it is necessary to:

  1. Analyse the national regulations of each target country before launching the campaign.
  2. Adapt the content to local requirements, especially in sectors such as food, medicines, crypto-assets, or financial services.
  3. Include multilingual disclaimers, adapted not only to the language but also to the legal framework of the destination country.

This harmonisation also strengthens the brand image, conveying trust and professionalism. In addition, an appropriate international advertising strategy avoids costs resulting from ad modifications and penalties, among other issues. Integrating legal advice from the creative phase is, therefore, essential.

Common mistakes and practical cases in companies

The analysis of precedents helps to understand how authorities apply the regulations. Some illustrative examples include:

Case 1: Cosmetics | Miracle claim without scientific evidence

In Spain, a well-known cosmetics brand launched a social media campaign claiming that its cream “eliminated 100% of wrinkles in one week.” The claim, lacking scientific backing, was deemed misleading advertising by the consumer protection authority. The fine exceeded 250.000 EUR and included the obligation to publicly correct the campaign on the same channels where it had been published.

Case 2: Telecommunications | “Price forever” offer with hidden charges

In France, a mobile operator promoted an “unlimited” data offer. However, the fine print of the contract imposed a restriction once a certain monthly data usage threshold was reached. The Directorate-General for Competition, Consumer Affairs, and Fraud Control (DGCCRF) considered this a breach of commercial truthfulness rules, imposing a fine and ordering the modification of all advertisements.

Case 3: Crypto and fintech | Aggressive advertising without risk warnings

In Switzerland, a cryptocurrency platform used aggressive digital advertising on social media, primarily targeting young investors. The financial authorities (BaFin) concluded that adequate warnings about investment risks had not been provided, thus breaching financial services regulations. In addition to a substantial fine, the company was required to temporarily suspend its advertising activities.

For more information on advertising and cryptocurrencies, we invite you to consult our guide on cryptocurrencies in Europe and how to recover losses from cryptocurrency fraud.

Case 4: Food | Unauthorised health claim

In Belgium, a food company launched a “100% natural” product with health claims not authorised under Regulation (EU) 1924/2006. After an investigation, the Federal Public Service of Public Health determined that these statements could mislead consumers. The company was required to temporarily withdraw the product from the market and faced a compliance fine exceeding 100.000 EUR.

Case 5: Energy / greenwashing | “100% green energy” without proof

In Italy, an electricity company launched a digital campaign claiming to supply “100% green energy” to all its customers. However, an investigation by the Italian Competition Authority (AGCM) revealed that much of the electricity came from wholesale purchases in the conventional market, combined with offset certificates, without genuine backing from in-house renewable production.

This practice was considered potentially unfair and misleading under Directive 2005/29/EC on unfair commercial practices, in its greenwashing modality, and also constituted a breach of Directive (EU) 2019/944 and national rules on guarantees of origin and energy traceability.

advertising in regulated sectors and advertising on social media and regulated sectors

Advertising on social media and regulated sectors

Social media has become one of the main advertising channels, but in regulated sectors (health, finance, food), campaigns must comply not only with European regulations but also with the internal policies of each platform. A common mistake is believing that if a post passes the social network’s review, it is already legally approved. The reality is that compliance must be twofold: meeting legal requirements (horizontal and sector-specific regulations) and respecting the platform’s internal community rules (TikTok, Instagram, YouTube, etc.).

Specific rules for online platforms (TikTok, Instagram, and YouTube)

TikTok

  • General restrictions: TikTok prohibits ads for prescription medicines, tobacco products, alcohol targeted at minors, and high-risk financial products (including crypto-assets in some countries).
  • Content allowed with conditions: Cosmetic products, dietary supplements, and certain foods, provided they include clear warnings and do not contain misleading claims.
  • Intersection with EU regulations: A vitamin ad might be accepted by the social network, but if the claim is not authorised under Regulation (EU) 1924/2006, the company can still be sanctioned in the EU even if TikTok has published it.

Instagram

  • Advertising policy: Instagram (Meta) prohibits the promotion of supplements containing dangerous ingredients, as well as high-risk financial services without clear warnings.
  • Labelling and transparency: Any collaboration with influencers must use tools such as Branded Content and tag the sponsor.
  • Intersection with EU regulations: A post by an influencer recommending a cryptocurrency broker must comply with the MiCA Regulation and warn about the risks, even if Instagram allows it.

YouTube

  • Rules on health advertising: Does not allow ads for prescription medicines. Over-the-counter medicines and supplements must comply with local regulations and display mandatory warnings.
  • Financial services: Advertisers of financial products must be verified and comply with local laws, including licensing requirements.
  • Intersection with EU regulations: An energy drink ad on YouTube making a physical performance claim must comply with Regulation (EU) 1924/2006, even if YouTube approves it.

Use of hashtags and mandatory labelling on social media

Obligations under the DSA and advertising codes of conduct

  • Regulation (EU) 2022/2065 (DSA) requires that the user can easily identify that content is advertising, who sponsors it, and why it appears to them.
  • Self-regulation codes (such as Autocontrol) recommend the clear use of labels in the language of the target audience.

Practical compliance examples

  • Health: #Advertising #PaidPartnership + explicit mention that the product is an over-the-counter medicine or supplement, including the mandatory legal warning.
  • Finance/Crypto: #Advertising #InvestingWithRisk + notice that the investment is not guaranteed and may result in total loss.
  • Food: #Advertising #SponsoredContent + nutritional claim authorised by EFSA, avoiding prohibited terms such as “risk-free for health.”

Common mistakes leading to penalties

  • Using ambiguous hashtags like #colab or #spon that do not meet clarity requirements.
  • Omitting legal warnings on the assumption that the audience “already knows.”
  • Relying solely on social network approval without verifying legal compliance.

Supervision, sanctions, and consequences of non-compliance in advertising

Supervision and control of advertising: national and European authorities

In the field of advertising and regulatory compliance, the first line of action lies with the competent national authorities, which vary depending on the sector and the type of product or service. In Spain, for example, the Spanish Agency of Medicines and Medical Devices (AEMPS) oversees the advertising of medicines and medical devices, while the National Securities Market Commission (CNMV) supervises the promotion of financial products.

With regard to data protection, the Spanish Data Protection Agency (AEPD) has sanctioning powers, and in the food sector, the Spanish Agency for Food Safety and Nutrition (AESAN) monitors compliance with the rules. At the European level, the European Commission and specialised bodies, such as the European Securities and Markets Authority (ESMA) or the European Food Safety Authority (EFSA), may intervene in cases with a cross-border dimension or that affect the internal market.

Sanctions for breaching advertising regulations: fines, campaign withdrawal, and criminal liability

The sanctions arising from non-compliance with advertising regulations can take multiple forms. The most common is the imposition of financial penalties, which may range from moderate amounts to multimillion-euro sums, especially in cases of serious or repeated infringements. Another frequent consequence is the immediate withdrawal of the advertising campaign, either voluntarily, following a request from the authority, or by court order, which often entails additional costs in redesign, repositioning, and loss of advertising investment.

Equally relevant is reputational liability, which can have an even greater impact than the financial penalty itself. In particularly serious cases — for example, when the advertisement conceals a financial fraud or promotes practices dangerous to public health — criminal liability may be sought against executives and those responsible for the campaign, with possible disqualification sentences.

In short, non-compliance with advertising rules not only entails financial penalties but can also seriously compromise commercial viability, corporate reputation, and the personal liability of those making strategic decisions within the company.

In the context of European regulatory law, one of the most relevant issues for companies operating in supervised sectors is the clear differentiation between informative advertising and promotional advertising. This distinction has direct implications for advertising compliance and the potential imposition of sanctions for misleading or unauthorised advertising.

What is understood as informative advertising in the European legal framework?

Informative advertising in regulated sectors is characterised by its educational purpose, i.e., providing objective and verifiable data about a product or service, without inducing an immediate purchase decision. According to the criteria of the Court of Justice of the European Union (CJEU) and multiple national supervisory authorities, this type of communication must:

  • Use descriptive, clear, and neutral language.
  • Avoid expressions implying unproven competitive advantages.
  • Be based on verifiable sources supported by evidence.

For example in the healthcare sector, a campaign explaining how an authorised medical device works, without recommending its purchase or highlighting unverified benefits, could qualify as informative advertising. In the energy sector, the simply displaying tariffs, contracted capacities, and supply conditions — without catchphrases such as “the best offer on the market” — would also fall into this category.

When is a campaign considered promotional advertising?

In contrast, promotional advertising has a persuasive nature, aimed directly at encouraging the contracting or purchase of a product or service. In regulated sectors, this may be subject to severe restrictions or even outright prohibitions. Here, the use of claims such as “the safest on the market”, “guarantees immediate results”, or “the most profitable investment” can be problematic, especially if there is no solid evidence to support such statements.

Cross-border advertising in the European Union: which regulations apply if I operate in multiple countries?

In the context of the European single market, many companies launch cross-border advertising campaigns to reach consumers in several Member States. However, operating in different countries presents a legal challenge: which advertising rules apply and which authority oversees compliance?

Although there is a harmonised framework at the level of the European Union, experience shows that national differences in advertising law—especially in regulated sectors such as pharmaceuticals, finance, energy, telecommunications, or food—can determine the success or failure of a commercial strategy. For this reason, prior multi-jurisdictional legal analysis is essential to avoid sanctions and protect corporate reputation.

Regulatory coordination between Member States

Directive 2005/29/EC on unfair commercial practices forms the basis of EU advertising law. However, its scope is limited to minimum harmonisation, meaning that each country may impose additional, stricter requirements. In practice, this forces companies to consider the dual control principle:

  • Control in the country of origin – the Member State where the company is established reviews whether the campaign complies with its national legislation.
  • Control in the country of destination – the Member State to which the advertising is directed may also impose its own rules if it considers the campaign affects its consumers.

For example, a digital campaign for a dietary supplement approved in Spain may require adjustments before being distributed in France, where references to health benefits are more restricted. This dual EU advertising control system forces companies to be extremely cautious and to plan regulatory compliance from the creative stage.

Specific cases with relevant national differences

While cross-border advertising is based on a common legal framework, nuances are decisive. Here are some examples of country-specific advertising requirements affecting regulated sectors:

  • France: Requires mandatory health warnings in advertising for food and sugary drinks. It also has very strict restrictions on advertising high-risk financial products such as CFDs.
  • Belgium: Prohibits all direct-to-consumer advertising for prescription medicines and applies reinforced controls on environmental claims, in line with anti-greenwashing regulations.
  • Germany: Requires solid scientific evidence for any technical claim in sectors such as telecommunications or energy. Statements like “the fastest network” must be supported by independent, up-to-date studies.
  • Spain: The CNMV imposes very restrictive criteria on crypto-asset advertising and requires prior notification for mass campaigns. In addition, the General Advertising Law imposes severe penalties for misleading communication in the energy and financial sectors.

These examples show that advertising campaign review is a strategic obligation. Adapting messages to each market avoids not only fines but also litigation and reputational damage.

Our success stories in advertising for regulated sectors

Below, we share real examples illustrating how we have adapted advertising campaigns to meet legal and compliance requirements under European and national regulations:

Legal validation of a dietary supplement campaign on social media

A sports nutrition company based in Spain wanted to launch a campaign on Instagram and TikTok highlighting the health benefits of its products. However, Regulation (EC) 1924/2006 on nutrition and health claims imposes strict limits: only claims authorised by the EU may be used.

In this case, we reviewed all visual and textual material, removing expressions such as “cures” or “prevents diseases” and replacing them with scientifically approved statements. Additionally, we incorporated references to clinical studies and clear labeling. The result: the campaign was validated by regulatory authorities and achieved 35% higher engagement without violating the rules.

Fintech startup campaign adapted to the MiCA framework

A Belgian crypto-asset platform was preparing a pan-European campaign just as Regulation (EU) 2023/1114 on Markets in Crypto-Assets (MiCA) came into effect. This framework prohibits certain misleading claims and requires clear warnings about investment risks.

Our intervention consisted of removing misleading statements and adding multilingual legal disclaimers, tailored to each destination jurisdiction. We also verified advertising traceability, ensuring that all contractual information was available to the end consumer. The campaign was successfully launched in France, Germany, and Spain without regulatory issues.

Review of labels and advertising claims in natural cosmetics

A French eco-cosmetics brand wanted to position itself as “fully sustainable.” However, such claims fall under greenwashing if not fully substantiated. We applied Directive (EU) 2005/29/EC on unfair commercial practices and the European Commission’s guidance on environmental claims to reformulate the strategy. Absolute claims were replaced with precise descriptions, and the product’s lifecycle was fully documented. This allowed the brand to participate in international trade fairs without risk of sanctions.

Glossary of terms in advertising in regulated sectors

In the field of marketing and advertising in regulated sectors, it is essential to understand certain legal and technical concepts that frequently appear in European and national regulations. Below, we provide a glossary of essential terms with practical examples to avoid mistakes.

Advertising claim

Definition: A statement or message used to highlight a feature, benefit, or quality of a product or service. It may refer to nutritional, financial, health, performance, or other properties.
Example: In cosmetics: “Reduces wrinkles in 4 weeks.”
Legal aspect: In regulated sectors, claims must be supported by verifiable evidence and, in some cases, approved by competent authorities (e.g., EFSA for nutritional claims).

Disclaimer

Definition: A legal notice or warning that clarifies or limits the scope of an advertising claim.
Example: “Results may vary depending on the individual” on a dietary supplement.
Legal aspect: It does not replace the truthfulness of the main message; it must be visible, clear, and not contradict the advertising statement.

Misleading advertising

Definition: Communication that contains false information or that, even if true, misleads or may mislead the consumer.
Example: “100% guaranteed returns” on a financial product without legal backing.
Legal aspect: Prohibited under Directive 2005/29/EC and national regulations; may involve financial and reputational sanctions.

Hidden advertising

Definition: Advertising presented as editorial or informational content without clearly identifying its commercial nature.
Example: A blog article recommending a dietary supplement without indicating it is sponsored by the brand.
Legal aspect: On social media, must include tags such as #advertisement or #ad according to the DSA and codes of conduct.

Green Claim (Environmental Statement)

Definition: A statement suggesting or implying that a product is environmentally friendly.
Example: “100% biodegradable” on plastic packaging.
Legal aspect: The Directive against greenwashing requires verifiable evidence and prohibits vague claims such as “eco-friendly” without technical basis.

Comparative advertising

Definition: Advertising that explicitly or implicitly compares the characteristics of a product with those of a competitor.
Example: “Our service charges 30% lower fees than X.”
Legal aspect: Allowed in the EU if it is objective, verifiable, and does not denigrate the competitor.

Advertising targeting

Definition: Strategy of directing advertising to a specific group of consumers based on age, location, interests, etc.
Example: A vitamin supplement campaign targeted at women over 50.
Legal aspect: In regulated sectors, targeting minors or vulnerable people may be prohibited.

Direct-to-consumer (DTC) advertising

Definition: Advertising aimed directly at the end consumer, without intermediaries.
Example: TV advertisement for an over-the-counter medicine.
Legal aspect: Restricted or prohibited for certain healthcare products in the EU.

Advertising testimonial

Definition: A statement from a person (celebrity or not) about their experience with a product.
Example: An athlete stating that a supplement improved their performance.
Legal aspect: Must be real, demonstrable, and not misleading; in health and finance, subject to specific restrictions.

Authorized nutritional label

Definition: Official information approved by legislation regarding the nutritional properties of a food product.
Example: “Source of vitamin C” only if it meets the levels established by Regulation (EU) 1924/2006.
Legal aspect: Misuse constitutes misleading advertising.

Aggressive advertising

Definition: Commercial practice using harassment, coercion, or undue influence to force a purchase decision.
Example: Repeated social media messages pressuring people to invest in cryptocurrencies “before the price goes up.”
Legal aspect: Prohibited under Directive 2005/29/EC; sanctionable even if the information is true.

Cross-border advertising

Definition: Advertising campaign directed at consumers in multiple EU Member States.
Example: Online ad for a financial broker in several European languages.
Legal aspect: May be subject to both the regulations of the country of origin and the destination country.

Preventive advertising

Definition: Communication strategy reviewed and adapted to avoid regulatory non-compliance before dissemination.
Example: Cosmetic campaign pre-validated by a law firm specializing in regulatory law.
Legal aspect: Reduces risks and costs from potential sanctions.

Programmatic advertising

Definition: Automated purchase of advertising spaces using algorithms that optimize targeting.
Example: Health insurance ads displayed only to users who have searched for related terms.
Legal aspect: Must comply with GDPR, the ePrivacy Directive, and DSA limitations.

Contextual advertising

Definition: Advertising shown based on the content of the webpage or app, not on the user’s profile.
Example: Sunglasses ad on an article about beach vacations.
Legal aspect: Generally less intrusive and carries lower risk of violating personal data regulations.

FAQ: Frequently Asked Questions about Advertising in Regulated Sectors

1. Can I mention health benefits in a food product?

Yes, but only if the claim is authorized under Regulation (EC) 1924/2006 and appears in the European register of nutritional and health claims. It is essential to use the exact approved wording and support it with solid scientific evidence.

2. What risks exist when advertising crypto-assets without complying with MiCA?

Regulation (EU) 2023/1114 (MiCA) requires that advertising be clear, non-misleading, and include risk warnings. Non-compliance can result in high fines, immediate removal of ads, temporary suspension of activity, and even criminal penalties in certain Member States.

Only if it can be proven with valid certifications and verifiable technical documentation. Using absolute terms without evidence constitutes greenwashing and may result in sanctions for unfair competition and misleading advertising. The EU recommends precise labeling, such as “Certified by COSMOS Organic” or “95% natural ingredients.”

4. What should I do if my campaign is broadcast in several EU countries?

You must comply with the principle of dual control: the regulations of both the country of origin and the destination country. This involves adapting claims, language, legal disclaimers, and graphic requirements.

5. What sanctions can authorities impose for misleading advertising?

Depending on the country, fines can range from thousands to millions of euros, in addition to campaign withdrawal, publication of corrections, and in serious cases, temporary prohibition from advertising. In Spain, AECOSAN and regional authorities have competence in food and health; in Belgium, the SPF Économie; and in France, the DGCCRF.

6. Can I compare my product with a competitor’s in advertising?

Yes, as long as the comparison is objective, verifiable, and non-denigratory, in accordance with Directive 2006/114/EC on misleading and comparative advertising. Claims must be based on verifiable data, and the competitor must market comparable products.

It is a statement describing the characteristics, benefits, or properties of a product or service that is authorized and supported by sector-specific regulations. In food, it must comply with Regulation 1924/2006; in cosmetics, with Regulation 655/2013; in financial services, with ESMA rules; and in crypto-assets, with MiCA.

8. Can I advertise on social media with influencers?

Yes, but they must comply with advertising transparency obligations: labeling the post as “advertising content” or “paid collaboration” and not making misleading statements. In regulated sectors, sector-specific restrictions must also be observed (e.g., prohibition on advertising prescription medicines to the public).

9. Can environmental claims (“green claims”) be made freely?

No. Directive (EU) 2024/825 and EU rules on green claims require verifiable evidence and certifications before using terms such as “carbon neutral” or “eco-friendly.”

10. How can I ensure my advertising complies with regulations?

The best method is to conduct a pre-audit with the law firm Arthur & Marin, specialized in regulatory law, which reviews texts, images, videos, and labels to verify compliance with sector-specific and cross-border regulations.

Advertising in regulated sectors: turn regulation into your ally

Marketing and advertising in regulated sectors require detailed knowledge of the European legal framework, national regulations, and the rules specific to each communication channel. A single oversight can lead to high fines, campaign withdrawal, and reputational damage that is difficult to repair.

At Arthur & Marin, specialists in Regulatory Law and European Union Law, we help companies in health, fintech, crypto-assets, food, and other sensitive sectors design advertising campaigns that are safe, transparent, and fully compliant with the law. Whether in traditional media or on social networks, our team reviews copy, claims, targeting, and labeling to ensure compliance with EU advertising law and the regulations of each Member State.

Contact us at info@arthurmarin.com or +32 465 345 345 to ensure your next campaign is both a commercial success and a model of regulatory compliance.

💡 Avoid sanctions, build credibility, and gain a competitive advantage for your brand.

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