The growth of digital commerce and the influence of social media have transformed how products and services are consumed in Brazil. In this scenario, influencers and digital platforms have come to play a central role in promoting brands, often directly impacting the health and safety of consumers.
However, the absence of effective and up-to-date regulation for this new environment creates worrying legal gaps. This article discusses the main legal and regulatory challenges linked to digital activity, especially regarding consumer protection, and proposes ways to ensure greater security and accountability in the social media ecosystem.
The role of social media in contemporary consumption.
Social media has become a true digital showcase, connecting brands and consumers instantly. Influencers and content creators have gained significant persuasive power in purchasing decisions, especially in niches like beauty, wellness, and fitness.
A growing phenomenon is covert advertising , where influencers promote products without disclosing that it is sponsored content. This deception creates a risk for the consumer, who may be induced to buy without fully understanding the commercial intent behind the recommendations.
Emblematic cases illustrate the dangers of this dynamic. Dangerous viral challenges, such as "do-it-yourself" procedures that cause burns, have been circulating on the platforms, with medical records even showing children being injured.
There is also a proliferation of so-called "miracle products" promoted by influencers – weight-loss supplements or illegal cosmetics – without registration with regulatory agencies, which represents a direct risk to consumer health.
These examples demonstrate how the combination of the massive reach of social media with guidelines lacking technical basis can lead to serious consequences. Understanding this context is essential for effectively debating regulatory approaches to protecting consumer health and safety on social media.
Risks to consumer health on social media
Social media platforms today function as virtually uncontrolled channels for the promotion of health, beauty, and wellness products, without any prior verification of their quality or effectiveness. Influencers often recommend supplements, cosmetics, or medications without scientific backing, leaving consumers vulnerable to fraud, adverse effects, and health risks.
There is a lack of transparency regarding the real risks of these products. Publications promoting rapid weight loss, "miraculous" aesthetics, or self-medication occur without necessary warnings, encouraging impulsive consumption and concealing dangerous side effects. Furthermore, risky practices, such as the use of over-the-counter medications, are often portrayed as easy solutions by influencers, which can worsen medical conditions or mask underlying illnesses.
Another risk factor stems from unrealistic beauty and lifestyle standards promoted by social media. Constant exposure to "perfect" bodies and extreme diets can lead to body dissatisfaction, anxiety, depression, and eating disorders, especially among teenagers and young adults.
Limits of current legislation
Social media and influencer marketing have been challenging the Brazilian legal system on several fronts. The Consumer Protection Code (CDC) , for example, was designed for relationships between consumers and suppliers, but faces difficulties in dealing with the digital and transnational activities of influencers and online companies.
This gap leaves consumers vulnerable and makes it difficult to impose clear responsibilities in these environments.
The LGPD (Brazilian General Data Protection Law), however, has advanced in the protection of personal data, but it does not fully cover problems such as consumer profiling , automation of purchasing decisions, or manipulation of behavior via algorithms. Its application still lacks empirical studies on real-world effects in digital practice. The lack of specific regulation on such practices hinders the defense of consumer rights.
Furthermore, there is no legal framework that specifically addresses the actions of digital influencers and platforms , especially regarding indirect advertising, or " astroturfing ." Although the rules of the Brazilian Internet Bill of Rights ( Marco Civil da Internet) and CONAR ( Brazilian Advertising Self-Regulation Council) serve as a reference, they are not sufficient to regulate increasingly sophisticated and global practices.
Proposal for regulation and best practices
Given the health and safety risks to consumers on social media, there is a growing need for specific regulations to govern digital advertising . One of the main proposals is the creation of clear rules for advertisements on platforms such as Instagram, TikTok, and YouTube, requiring transparency regarding sponsored content . This would help combat covert advertising and protect users, especially younger ones.
Another relevant measure would be the mandatory inclusion of visible warnings in content involving products with potential health risks, such as supplements, cosmetics, medications, or aesthetic procedures. Clear labeling in videos and posts, for example, would allow consumers to quickly identify whether the content is advertising and what the possible adverse effects are.
Shared liability is also an important proposal. Brands, influencers, and platforms should share responsibility for the effects of advertising. Influencers who recommend products without checking their legality, or brands that promote unauthorized items, should be jointly liable for damages to the consumer.
Furthermore, it is essential to require prior registration of sensitive products . Dietary supplements, cosmetics, and medications should only be promoted after approval by the relevant authorities, such as Anvisa (Brazilian Health Regulatory Agency), thus preventing the dissemination of irregular or dangerous items. This requirement also helps filter what reaches the public through influencers.
Finally, strengthening institutions like Anvisa (Brazilian Health Regulatory Agency) and Procon (Brazilian Consumer Protection Agency) in the digital environment is essential. These agencies need adequate tools to monitor social networks and hold offenders accountable more quickly. A firmer and more integrated approach from these entities can reduce abuses and promote a safer digital environment for consumers.
International experience and potential inspirations
Several countries have developed specific regulations to address the health and safety risks to consumers on social media, especially in light of the growth of digital influence and online advertising. These experiences offer good references for Brazil.
- Na European Union o Digital Services Act (DSA) came into effect with the aim of holding digital platforms accountable for harmful content. The regulation imposes transparency obligations regarding advertising, content moderation, and the functioning of algorithms.
- Now at United Kingdom the legislative package known as Online Safety Act establishes protection obligations for platforms with a large number of users. The regulatory authority (OfcomIt has begun requiring these services to adopt risk assessment mechanisms and protection tools, such as age verification systems and controls on content harmful to public health.
- In turn, we United States a Federal Trade Commission (FTC) regulates advertising by digital influencers based on Endorsement Guides, which require the clear disclosure of business partnerships and the accuracy of published information.
These models point to a more proactive and collaborative approach, in which influencers, brands, and platforms share responsibility for protecting online consumers.
Brazil can draw inspiration from these experiences to develop balanced regulations that combine transparency, oversight, and the prevention of health and safety risks on social media.
Pathways to effective regulation
To address the health and safety risks to consumers on social media, it is essential to build efficient and coordinated regulations. One of the first steps is to promote cooperation between regulatory bodies , such as Senacon, Anvisa, the Public Prosecutor's Office, and any agencies focused on the digital environment. The joint action of these entities can ensure faster and more effective responses.
Furthermore, including this topic in ongoing legislative projects , such as the Fake News Bill and the Social Media Bill, is essential to updating the Brazilian legal framework and offering greater consumer protection.
Another important point is promoting digital literacy and conscious consumption , especially among young people and more vulnerable groups. Information and guidance campaigns can help reduce the negative impacts of social media.
Finally, creating a code of conduct for influencers and content creators can serve as a form of self-regulation, establishing minimum standards of transparency, accountability, and ethics in the promotion of products and services. With clear rules and efficient oversight, it will be possible to make the digital environment safer and more trustworthy for everyone.
The closing thought
Consumers face increasing risks on social media, such as exposure to dangerous products, hidden advertising, and misleading information about health, beauty, and medications. The actions of influencers without clear criteria and the lack of effective filters on the part of the platforms make the digital environment even more vulnerable.
Given these challenges, it is urgent to review and update Brazilian legislation, overcoming the current limitations of the Consumer Protection Code, the LGPD (Brazilian General Data Protection Law), and the Marco Civil da Internet (Brazilian Internet Bill of Rights). The issue requires a dialogue between law, public health, and technology.
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