Hashtags in Unbranded Digital Media Ads

[dmauri]

We were wondering if there was any guidance on the use of hashtags in unbranded digital media ads (e.g., LinkedIn, Twitter, etc.). We are particularly interested in broad disease awareness hashtags (e.g., #DiseaseXResearch; #DiseaseXAwarenessMonth) and hashtags that include corporate names (e.g., #CompanyZ, #CompanyZTherapeuticAreaY)

Since user-generated content on a sponsored property can impact compliance, we wanted to ask for guidance on whether such hashtags are generally permissible, and what best practices are recommended to ensure compliance in unbranded campaigns.

Thanks in advance!

[Jennifer Carroll]

Hi @dmauri

Hashtags can be considered in consumer spaces. It is important to note that if a sponsor creates or propagates a hashtag, they are responsible for all content linked to its use. This means that they take on all of the regulatory risk associated with the unrestricted use of the hashtag. In the context of a disease awareness campaign which is not linked in any way to a brand, there may be low regulatory risk. However, linking to the company increases the risk and should a post or link to the sponsor’s brand occur, it may prove difficult for the sponsor to remove this link. We would encourage a discussion with regulatory and legal to assess the appetite for regulatory risk.

Similarly, the same risks occur when you have the hashtag #CompanyATherapeuticAreaX as the sponsor has no control over the hashtags use.