In a regulatory move aimed at controlling the digital advertising market for sensitive products, the Saudi Food and Drug Authority (SFDA) has established new and binding requirements for investors in the pharmaceutical and herbal products sector. The SFDA has mandated that investors notify it at least 12 hours in advance of any advertisement or promotion published by individuals (social media influencers). This notification must specify the exact time of publication and provide the SFDA with the name of the account that will be posting the advertisement and the platform used.
Documented contracts and legal requirements
The authority emphasized the necessity of a clear legal framework governing the relationship between the establishment and the advertiser. It stipulated the requirement of a formal contract between the investor (or a third party) and the social media influencer, with a copy of this contract to be retained by all parties. This contract must be included with the documents submitted for approval and must contain detailed clauses covering: the content of the advertisement, the duration of the advertisement, the contract's validity period, and the expected publication date.
The authority also set conditions related to the advertiser’s eligibility, as he must be over 21 years old, and a valid copy of the “reliable” license issued by the General Authority for Media Regulation must be attached, which ensures the legality of the individual’s practice of advertising activity.
Technical restrictions to ensure information security
To prevent the dissemination of inaccurate medical information or unscientific personal experiences, the authority prohibited investors from enabling public interaction (comments) when publishing pharmaceutical and herbal advertisements. The ban also included the use of promotional hashtags and prohibited the inclusion of any unapproved side advertisements, ensuring that the content focuses solely on the licensed product and is presented in the approved format.
Regulatory context and controlling advertising chaos
This move by the Saudi Food and Drug Authority (SFDA) aligns with broader government efforts in Saudi Arabia to regulate the digital advertising market, which has witnessed tremendous growth in recent years. This step builds upon regulations established by the General Authority for Media Regulation through the "Mawthooq" license, which aims to protect consumers from misleading advertising and commercial fraud, particularly concerning products that directly affect human health.
The importance and impact of the decision on public health
This decision is of paramount importance given the sensitive nature of pharmaceutical and herbal products; their promotion cannot tolerate personal opinions or marketing exaggerations that some non-specialist celebrities might engage in. This regulation is expected to contribute to curbing malpractices and reducing instances of misinformation that could lead consumers to use medical products based on inaccurate recommendations, thereby enhancing public health and the reliability of the pharmaceutical market in the Kingdom.
