Depicting an injection pen may be contrary to Dutch advertising rules. According to the Dutch Advertising Code Committee (ACC), four Facebook advertisements by Wellis Health promoting weight loss are not permitted. Wellis states that it offers a broader healthcare programme, but according to the Committee, the advertisements constitute public advertising for a prescription-only medicine because an injection pen is featured prominently in the ads.

The complaint concerns five sponsored Facebook posts by Wellis Health, one of which was also published by an influencer. The advertisements make claims including “Tailored Weight Loss”, “Scientifically Supported Weight Loss”, “Free Support from Doctors and Nutritionists” and “The Effect Is Life-Changing”. Four of the five posts also feature an injection pen.

According to the complainant and information from the Keuringsraad, the posts relate to weight loss through medication that is available by prescription only. Wellis argues, in response, that it does not offer medication on a standalone basis, but rather an extensive healthcare programme. Applications are also assessed by a BIG-registered physician, and patients receive support from doctors and nutritionists.

The injection pen is displayed prominently and conspicuously in the advertisements concerned. Several posts also show how the injection pen is used. According to the ACC, this amounts to the promotion of a medicinal product that is available by prescription only. It does not matter that no specific medicines are named.

Injection pens for weight loss are becoming increasingly popular. This ruling makes clear that advertising such treatments is not permitted without restriction, particularly where a prescription-only medicine is featured prominently in the advertisement.