- within Food, Drugs, Healthcare, Life Sciences, Insurance and Transport topic(s)
August 2026 – Since the entry into force of Romanian National Audiovisual Council (“CNA”) Decision No. 573/2025 on the Romanian Audiovisual Content Code, CNA enforcement is becoming a real compliance challenge. The regulator has stepped up its enforcement activity in relation to online audiovisual content, with influencer marketing emerging as a particular area of focus.
One development is particularly relevant for brands in Romania using influencers to advertise medicines, medical treatments, homeopathic products, medical devices, or food supplements.
Under Article 153(1) of Decision No. 573/2025 on the Audiovisual Content Code, advertising and teleshopping for medicines, medical treatments, homeopathic products, medical devices, and food supplements are prohibited where such products or treatments are presented or recommended by:
- public, cultural, scientific, or sports personalities; or
- other persons whose celebrity may encourage the consumption of those products or treatments.
The second category is particularly relevant to influencer marketing, as Article 153(1) does not set a specific threshold for when a content creator’s visibility or influence is sufficient to bring them within its scope. Recent CNA enforcement offers some insight into how the authority interprets this threshold in practice. In March 2026, the CNA applied Article 153(1) to an influencer promoting food supplements whose Instagram account had only 3,473 followers, after determining that the creator’s profile was capable of encouraging consumption.
When is an influencer a “celebrity”?
The sanctioning decision mentioned above is particularly noteworthy, as it suggests that, for the purposes of Article 153(1), “celebrity” is not necessarily limited to traditional public figures or influencers with large audiences. Rather, the CNA’s approach appears to leave room for a context-specific assessment of a person’s ability to influence consumption, irrespective of follower count alone.
We consider that the 3,473-follower threshold reflected in the CNA’s decision is a useful reference point not only for health-related advertising, but for consumer advertising in general. It indicates that even creators with relatively limited audiences may be treated by the CNA as influencers for regulatory purposes, thereby triggering the wider EU regulatory framework applicable to influencer marketing, including consumer protection and commercial communication requirements.
What can brands do to mitigate the risk?
Brands and agencies should approach influencer campaigns with the same level of regulatory scrutiny as any other advertising campaign, irrespective of the creator’s follower count. Importantly, responsibility for online advertising does not necessarily rest with the influencer alone: depending on the circumstances, regulatory liability may also extend to the brand or advertiser engaging the influencer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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