In recent years, the number of influencers promoting consumer products on social media has increased significantly.<\/p>\n
The cosmetics<\/strong> sector is where influencer marketing<\/strong> generates the most sales. Enjoying rapid and consistent growth, this phenomenon is not without risk for consumers: misleading commercial practices, disguised advertisements, and influence over young audiences<\/strong>.<\/p>\n CLEAR<\/a> reviews the legislative and regulatory framework<\/strong> governing this extremely fashionable practice.<\/p>\n <\/p>\n <\/p>\n To combat potential abuses associated with influencer marketing, Law No. 2023-451 of 9 June 2023<\/a> regulates commercial influence<\/strong> through electronic means. Its two pillars are support for influencers and consumer protection.<\/strong><\/p>\n <\/p>\n This clarification is essential for the cosmetics sector: it enables a distinction between a simple personal recommendation and a genuine commercial promotion, which is subject to legislation.<\/strong><\/p>\n <\/p>\n This agreement contains mandatory information, including the identities of the parties, the nature of the assignments, the compensation (financial or in kind), and the parties\u2019 respective rights and obligations.<\/p>\n To ensure greater transparency<\/strong>, influencers must clearly, visibly, and unambiguously indicate when content is advertising<\/strong> or the result of a commercial partnership<\/strong> (for example, by labelling it \u201cAdvertisement\u201d or \u201cPaid partnership\u201d).<\/p>\n Content created must also indicate whether images or videos have been modified or retouched.<\/p>\n Activities involving unfair competition are prohibited, namely, denigration of the products or services of a competing brand or another influencer.<\/p>\n <\/p>\n <\/p>\n \u00a0<\/strong>The French Consumer Code<\/strong> and, more generally, regulations on unfair competition and intellectual property law.<\/p>\n The ARPP (Autorit\u00e9 de R\u00e9gulation Professionnelle de la Publicit\u00e9) published a recommendation on digital advertising<\/strong> that, in particular, addresses good practices between influencers and brands.<\/p>\n <\/p>\n Claims relating to cosmetic products are governed by Regulation (EC) No. 1223\/2009, Regulation (EU) No. 655\/2013, and the French Consumer Code.<\/p>\n Influencers\u2019 statements must comply with the provisions of these texts and, in particular, must not:<\/p>\n <\/p>\n Even if the message comes from the brand itself, influencers become liable<\/strong> when disseminating it. Influencers must not reword a marketing claim if doing so might alter its meaning. According to Law No. 2023-451 of 9 June 2023, influencers are liable for the promotional content they post and must verify the conformity of the products they promote. They may incur civil liability<\/strong> (harm to consumers) and criminal liability<\/strong> in the event of misleading practices.<\/p>\n <\/p>\n For brands, this implies training influencers, regulating messages through contractual agreements, and integrating cosmetic regulations<\/strong> into the influencer strategy.<\/p>\n <\/p>\n Influencers<\/strong> are therefore not merely a simple relay: they are stakeholders responsible<\/strong> for the conformity of the messages they disseminate.<\/p>\n <\/p>\n Within the European Union<\/strong>, influencer marketing is not governed by one single text<\/strong> but by several Directives and Regulations applicable to advertising, commercial practices, and digital services.<\/p>\n <\/p>\n In the United Kingdom<\/strong>, influencer marketing is governed by a series of legislative texts and self-regulatory rules<\/strong>.<\/p>\n <\/p>\n In both cases, the texts regulate all forms of online advertising and digital platforms, including influence, but they are not specific to influencers<\/strong>, unlike French law, which targets influence and clearly holds influencers and brands liable.<\/p>\n <\/p>\n <\/p>\n If you wish to set up partnerships or already have agreements with influencers, contact CLEAR<\/a> for help in ensuring your material complies with the regulations!<\/strong><\/p>\n \u00a0<\/em><\/p>\n Sources<\/u>:<\/em><\/p>\n Upfluence <\/em>https:\/\/www.upfluence.com\/<\/em><\/a><\/p>\n Law No. 2023-451 of 9 June 2023 regulating commercial influence and combating abuses by influencers on social media: <\/em>https:\/\/www.legifrance.gouv.fr\/jorf\/id\/JORFTEXT000047663185<\/em><\/a><\/p>\n Decree No. 2025-1137 of 28 November 2025 implementing Article 8 of Law No. 2023-451 of 9 June 2023 regulating commercial influence and combating abusive practices by influencers on social media<\/em><\/a><\/p>\n https:\/\/www.europe-consommateurs.eu\/achats-internet\/les-influenceurs.html<\/em><\/a><\/p>\nIn France<\/strong><\/h4>\n
What does this law say?<\/h5>\n
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Other applicable texts include :<\/h5>\n
What is the liability of influencers regarding what they publish about cosmetic products?<\/h5>\n
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What is the framework in Europe and Britain?<\/strong><\/h4>\n