Working with others

Online influencers and digital opinion leaders may be experts on specific issues or may be media figures within an area or sector. Some examples of online influencers include, but are not limited to, health professionals, patients, patient advocates, celebrities or TV personalities.

Because of their expertise in reaching people via social media, online influencers and digital opinion leaders may be engaged as consultants and advisors for services, including creation and co-creation and posting of digital content. Clause 24 must be complied with if influencers are engaged by pharmaceutical companies.

Transparency is critical and the relationship between the pharmaceutical company and the influencer must be made clear at the outset. Use of ‘#ad’ which is common in many industries is not sufficient to meet the transparency requirements under the ABPI Code. This is because the ABPI Code requires that the wording of the declaration is unambiguous so that readers are immediately able to understand the extent of the company’s involvement and influence.

Companies must bear in mind the requirements of Clause 24.2 including the influencers’ obligation to declare that they are a contracted individual to the company whenever they write or speak in public about a matter that is the subject of the agreement or any other issue relating to that company.

Engaging with online influencers requires careful consideration, including assessment of the risks of undue influence on health professionals or the public, or risks that such digital content could be perceived as improper promotion of medicines. Pharmaceutical companies should evaluate the context of each engagement and ensure that their interactions comply with the ABPI Code and applicable laws and regulations. As with any consultant who provides a service to a company that is within the scope of the ABPI Code, the company might be held responsible under the ABPI Code for the influencer’s actions even if they act contrary to their written agreement/briefing.

Attention should also be given to the Advertising Standards Authority UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and its guidance in this regard.

Example of what might be acceptable: Using a social media influencer who is living with the condition as a consultant to support a disease awareness campaign.

 

Identifying and contracting with an influencer

Companies would be expected to conduct reasonable due diligence in advance of contracting with an influencer to conduct disease awareness on their behalf. For example, companies should review the individual’s past posts and assess their risk of promotional messaging, communicating misleading information or lack of transparency, etc.

Companies might consider a vetting process to confirm the identity of the influencer and ensure the account is genuinely managed by the individual named.

Care must be taken to ensure that the individuals selected have the appropriate expertise and are aware of the pharmaceutical company’s responsibilities and requirements of the Code, such as execution of a written agreement prior to the commencement of work and certification of content, to which no subsequent amendments can be made, in advance of posting educational material for the public.

 

What monitoring should companies do with social media influencers?

Contracted influencers are speaking on behalf of the company, so ongoing monitoring of their social media account during the contractual period (at the very least) for any activity related to the subject matter of the contract or any other issue relating to the company is essential to ensure the content remains appropriate, including monitoring user comments in line with pharmacovigilance obligations.

After the contractual period, the company may be responsible under the Code for the influencer’s activities on social media if such activity relates to the subject matter of the contract (e.g. the campaign that the influencer was contracted to post about). Companies may not be held responsible under the Code if the contract ended some time ago and the company had no knowledge of the influencer's intention to conduct further activity related to the subject matter of the contract.

Companies should ensure that their contracts with influencers include provisions such that it is clear what they should do with posts/material created as part of the contract after the contract has ended. For example, companies could request that the influencer deletes the posts/material from their account after the contract period has ended to avoid any further activity related to the subject matter of the contract.

 

Last revised: 2 February 2026

If companies are working with third parties in relation to disease awareness campaigns (e.g. a patient organisation or social media influencer), it is important that the written agreement makes clear the company’s expectations of its third party. Companies are responsible under the Code for the acts and omissions of their third parties which come within the scope of the Code, even if they act contrary to the instructions which they have been given.

Where companies contract with individuals representing patient organisations to provide services, such contracts should be made with the patient organisation. Clause 24.2 includes relevant requirements for written agreements with consultants for contracted services. Clause 27.2 refers to the requirements of written agreements with patient organisations when companies provide donations, grants or sponsorship.

It is important that activities are correctly classified (see Case 3629).

Written agreements should deal comprehensively with ownership and control, including use of and potential withdrawal of materials both during and after the contractual period.

During the contractual period, the company will likely be responsible under the Code for the other party’s activities on social media if such activity relates to the subject matter of the written agreement or any other issue relating to the company (see Case 3837). After the contractual period, the company may be responsible under the Code for the other party’s activities on social media if such activity relates to the subject matter of the written agreement.

Companies may not be held responsible under the Code if the contract ended some time ago and the company had no knowledge of the other party’s intention to conduct further activity related to the subject matter of the written agreement (see Cases 3583 and 3798). However, companies should ensure that their contracts include provisions such that it is clear what parties can/can’t do with material created as part of the contract after the contract has ended (see Case 3763).

Given that some individuals may find written agreements lengthy and complex and they are unlikely to have legal support, it would be helpful for companies to talk through key points with the other party in lay terms to ensure that they understand the nuances of the Code and what is expected of them.

 

Last revised: 2 February 2026

Clause 5.6 states that material relating to medicines and their uses, whether promotional or not, and information relating to human health or diseases which is sponsored by a pharmaceutical company or in which a pharmaceutical company has any other involvement, must clearly indicate the role of that pharmaceutical company. The declaration of sponsorship must be sufficiently prominent to ensure that readers of sponsored material are aware of it at the outset.

Clause 10.10 states that when events/meetings are sponsored by pharmaceutical companies, that fact must be disclosed in all the material relating to the events/meetings and in any published proceedings. The declaration of sponsorship must be sufficiently prominent to ensure that readers are aware of it at the outset.

Bearing in mind the broad definition of sponsorship in Clause 1.22, the requirement for a declaration of involvement statement at the outset also applies for a ‘grant’.

For example, social media posts promoting meetings under a CME-accredited programme funded by a grant from a pharmaceutical company would require a declaration of involvement statement in the post.

In cases where there are many sponsors, and it is not feasible to list them all in the body of the social media post, a clear and prominent link to a separate page listing the sponsors may be acceptable. However, it still must be clear from the outset that the sponsors include pharmaceutical companies.

A company's declaration of meeting sponsorship is required in all meeting materials and published proceedings. This includes materials distributed/available after the meeting has ended, e.g. meeting-related social media posts published following the meeting or webpages that remain live after the meeting. In other words, such declarations in meeting materials are not restricted to the contractual period.

 

Relevant cases to read (non-exhaustive list):

• Case/0268/08/24
• Case AUTH/3837/10/23
• Case AUTH/3525/6/21

 

Last revised: 2 February 2026