Health advertising: what is banned

Health-related advertising is governed by specific legislation that is stricter than general advertising law and actively enforced, frequently through complaints by competitors and consumer associations.

The core prohibitions

Advertising must not attribute to a product the property of preventing, treating or curing a human disease, unless the product is an authorised medicine for that purpose and the claim is within its authorisation.

That prohibition applies broadly: to foods, supplements, cosmetics, devices and services, not only to medicines.

Food and supplements

Nutrition and health claims on food are permitted only where they appear on an authorised list, in the authorised wording or a formulation with the same meaning.

Claims not on the list may not be used, regardless of the evidence behind them. Botanical claims in particular sit in a long-standing pending status in the European framework and are frequently used unlawfully.

Medicines and devices

Advertising prescription medicines to the public is prohibited in most European jurisdictions. Advertising non-prescription medicines to the public is permitted subject to detailed content rules, including mandatory warnings.

Medical devices carry their own regime, with restrictions on claims and requirements tied to the device's certification and intended purpose.

Practices and practitioners

Health service providers face additional restrictions from professional codes: on comparative claims, on success rates, on before-and-after imagery, and in some jurisdictions on testimonials.

These vary considerably by country and by profession. Check the specific code before publishing.

What is generally permitted

Factual description of what a product or service is. Qualifications and training. What happens during a treatment. Practical information. Authorised claims in authorised wording.

That is more than most businesses in the sector currently publish, because the restrictions are often overestimated in the abstract and breached in the specifics.

The enforcement reality

This is the sector with the highest rate of competitor and association challenges. The usual route is a formal warning demanding a signed undertaking and costs, followed by injunction proceedings.

The practical protection is a review of all published health-related claims against the authorised lists, once, properly, with advice. It is a day of work and it removes an ongoing exposure.