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7 November 2024

The 1st Portuguese Digital Influencer Advertising Guide: Mommies And Social Media

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Global Advertising Lawyers Alliance (GALA)

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With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
On October 25th, 2024, the Portuguese General Directorship for Consumer Affairs (DGC) and the Portuguese General-Directorship for Health Affairs published a joint...
United States Media, Telecoms, IT, Entertainment

On October 25th, 2024, the Portuguese General Directorship for Consumer Affairs (DGC) and the Portuguese General-Directorship for Health Affairs published a joint “Guide for Digital Influencers and Advisers.

This Guide contains norms, orientations, and good practices for commercial communication (i.e., advertising) in connection with analogues for breast milk and food for babies and young children only

Showing concern that only 22% of Portuguese babies are exclusively breast feed until the age of 6 months, and that nearly 13% of babies are never breast fed, the DGC and DGS felt it was crucial at this moment to set rules to stop the dissemination of misinformation regarding breast milk analogues. 

This understanding was further deepened by the conclusions of a study undertook by DGS itself, that found 74% of breast milk analogues and baby food advertising young Portuguese mothers are exposed to online do not meet the requirements of the World Health Organization Nutrient.

In that context, the DGC and the DGS issued the Guide for Digital Influencers and Advisers , whereby :

  • Advertisers and Influencers are reminded that advertising and partnerships must be clearly and unequivocally identified (via hashtags, in caption or through fixed comments) in such a way that consumers are immediately aware of the commercial nature off the message; 
  • Advertisers and Influencers are reminded that advertising of infant formulae is restricted to specialized childcare publications and scientific publications and must contain only scientific and factual information; 
  •  Advertisers and Influencers are likewise reminded that advertising of infant formulae must not assume or imply that bottle-feeding is equivalent or superior to breastfeeding, nor mislead, suggest or attribute to such foods properties of prevention, treatment or cure of human diseases.

While it is unclear why breast milk analogues were elected as primary advertising issue to be addressed, this opens the door to the issuing of multiple influencers and digital marketing guides by the relevant administrative authorities. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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