Influencer marketing for pharmacies and health retail in Poland

Pharmacy advertising is in a documented legislative transition

Legal requirement — paraphrased

The published Pharmaceutical Law text contains a blanket pharmacy-advertising ban; the CJEU found that blanket restriction incompatible with EU law in June 2025. Neither the old wording nor the judgment alone provides a complete campaign rule.

The official process record rechecked on 25 October 2026 records acceptance of Senate amendments on 22 October and transmission for presidential signature on 23 October. The retrieved record does not establish promulgation or commencement. Searches of official publication and presidential sources did not supply a verified effective act; this is an unresolved evidence condition, not proof that no publication exists.

Sources: Pharmaceutical Law — consolidated text, Dz.U. 2026 item 612; CJEU — Case C-200/24, pharmacy advertising judgment, 19 June 2025; Sejm official API — Pharmacy advertising amendment, process 3002; Senate — Pharmacy advertising amendment, October 2026 proceedings · Pharmaceutical Law Article 94a; C-200/24; process 3002

Separate pharmacy promotion from advertising each stocked product

Editorial overview

A lawful product advertisement does not automatically clear promotion of the pharmacy, and a pharmacy advertisement does not clear prescription-medicine promotion. For each promoted item, apply the corresponding medicine, device, supplement or cosmetic rules.

General health retail is not automatically a licensed pharmacy. Review the actual operator, service and assortment. Do not present a draft fine or a draft restriction from the 2026 amendment as a rule already in force.

Sources: Pharmaceutical Law — consolidated text, Dz.U. 2026 item 612; Medical Devices Act — consolidated working text based on Dz.U. 2024 item 1620; GIS — Food labelling, presentation and advertising; Regulation (EU) No 655/2013 — Common criteria for cosmetic claims; Sejm official API — Pharmacy advertising amendment, process 3002 · Product-specific regimes; process 3002

Make the overall message truthful and commercially identifiable

Legal requirement — paraphrased

Misleading claims, material omissions, hidden commercial intent and aggressive consumer marketing are prohibited. Assess visuals, comparisons, qualifications and the impression on vulnerable consumers. Do not falsely claim that a product cures illness.

Editorial control: retain substantiation before publication, remove fabricated urgency or authority badges, and check that qualifications do not contradict the headline. Paying to publish apparently independent advice must not conceal its commercial nature.

Sources: Act on Counteracting Unfair Market Practices — consolidated text, Dz.U. 2023 item 845 · Articles 4–9; Article 7 hidden advertising and false cure claims

Check price reductions only after establishing that promotion is lawful

Legal requirement — paraphrased

Where an advertisement announces a reduction for a good or service, state the relevant lowest price from the preceding 30 days alongside the reduced price. For a shorter selling history, use the lowest price since sales began; special rules apply to rapidly perishable goods.

This consumer-information rule does not permit a discount or purchasing incentive prohibited by medicine or service rules. As an editorial check, make the total scope and extra charges clear.

Sources: UOKiK — Information about price reductions · Price Information Act Article 4 as explained by UOKiK

Keep reviews genuine and explain verification

Legal requirement — paraphrased

Do not publish, commission or distort false consumer recommendations. If making consumer reviews available, explain whether and how their origin is verified. Do not claim authentic-user verification without reasonable, proportionate checks.

Selecting a patient or customer story for advertising also requires checking the sector's claims and endorsement restrictions. A genuine testimonial can still contain an unlawful health claim.

Sources: UOKiK — False reviews? Stop!; Act on Counteracting Unfair Market Practices — consolidated text, Dz.U. 2023 item 845 · Unfair-practices Act Articles 6–7; UOKiK reviews guidance

Keep health data out of routine advertising workflows

Legal requirement — paraphrased

Establish a lawful processing basis, transparency and purpose limits. Health/genetic data also require a valid Article 9 condition; a treatment relationship does not automatically justify marketing reuse. Honour direct-marketing objections and withdrawable consent.

Editorial safeguard: keep symptoms, diagnoses, test results and appointment details out of advertising pixels, URLs, audience uploads and creator briefs unless a separately assessed lawful arrangement permits the processing.

Sources: Regulation (EU) 2016/679 — General Data Protection Regulation · Articles 5–7, 9, 13–14 and 21

Assess cookies, pixels and device access separately

Legal requirement — paraphrased

Prior information and consent are required for terminal storage/access unless a statutory exception applies, such as what is necessary for transmission or a service requested by the user. Ordinary advertising tracking should not be treated as necessary merely because it funds the website.

As an implementation control, test the consent mechanism before loading advertising tags and keep the privacy-processing assessment separate from the cookie-consent check.

Sources: Electronic Communications Law — Dz.U. 2024 item 1221 · Article 399

Disclosure does not override endorsement or service restrictions

Legal requirement — paraphrased

First apply the category gate. Public Rx advertising is prohibited subject to the specific statutory exception; OTC advertising cannot use prohibited celebrity or professional presentation. Device/IVD public ads cannot feature healthcare-professional presentation or professional-use devices.

Supplement health claims cannot rely on individual health-professional recommendations. Clinic/procedure collaborations still need the healthcare-information analysis; a patient's voluntary story is not automatic permission for a promotional service campaign.

Sources: Pharmaceutical Law — consolidated text, Dz.U. 2026 item 612; Medical Devices Act — consolidated working text based on Dz.U. 2024 item 1620; Regulation (EC) No 1924/2006 — Nutrition and health claims; Healthcare Activity Act — consolidated text, Dz.U. 2026 item 156 · Pharmaceutical Law Articles 55 and 57; Device Act Article 55; Regulation 1924/2006 Article 12; Healthcare Activity Act Article 14

Make the commercial relationship clear

Regulator guidance

Identify advertising involving payment, barter or affiliate benefits. Unsolicited gifts and repeat gifts need separate treatment; a gift is not automatically equivalent to every paid collaboration.

Sources: UOKiK — Influencer marketing recommendations and FAQ

Use an understandable, visible disclosure

Regulator guidance

For Polish-language content, use clear Polish advertising wording and identify the brand. UOKiK recommends two-level disclosure: the platform tool plus the creator's own prominent label. Do not rely on a buried caption, an ambiguous collaboration tag or an English abbreviation alone.

Sources: UOKiK — Influencer marketing recommendations and FAQ; UOKiK — 2023 enforcement announcement concerning hidden Instagram advertising

Include own-brand promotion in the disclosure review

Regulator guidance

UOKiK distinguishes paid collaborations, own-brand promotion and PR gifts. Promoting a creator’s own health brand is still a commercial context; assess the appropriate identification instead of treating the absence of an external sponsor as an exemption.

Record the relationship before choosing the label. Disclosure remains separate from the product’s eligibility and health-claim restrictions.

Sources: UOKiK — Influencer marketing recommendations and FAQ · UOKiK influencer marketing overview: collaboration, autopromotion and gifts

Give the creator usable instructions

Historical enforcement context

UOKiK's 2023 Olimp announcement concerned both an advertiser and creators and criticised unclear brand-plus-ad labels. It illustrates why a brand should review its own briefing instructions. This historical announcement is not a statement about current appeal outcomes.

Sources: UOKiK — 2023 enforcement announcement concerning hidden Instagram advertising

Keep one campaign evidence and approval record

Editorial recommendation

Recommended workflow: record the exact offer and legal classification, advertiser, selected channel and creative formats; list permitted claims and evidence; review the Polish execution and destination; record sign-off, publication and corrections.

Keep the source date with the rule. Recheck legislation flagged as changing, especially pharmacy advertising. Preserve statutory archive periods where they apply; this suggested general workflow does not create a universal retention period.

Sources: URPL — Advertising medical devices; Sejm official API — Pharmacy advertising amendment, process 3002 · Specific retention and legislative-watch sources; workflow is editorial