WhatsApp policy update: What alcohol, gambling, and OTC medicine brands need to know

New Delhi: Meta has updated its WhatsApp Business messaging policy. Effective August 27, 2024, businesses in the alcohol, OTC medication, and real-money gambling sectors can now use the WhatsApp Business Platform for marketing across the APAC and LATAM regions, including India.

In a policy update, it stated, “The aforesaid Verticals can use WhatsApp Business Platform for marketing, promotional and utility use cases by the new Verticals, which fall under the WhatsApp Business Messaging Policy.” 

However, it further wrote that any messaging related to buying, selling and paying for goods/services related to alcohol, OTC medication and real-money gaming categories is governed by the Meta Commerce policy and these use cases remain disallowed across all WhatsApp surfaces. Also, any messaging related to these verticals on the WhatsApp Business App remains disallowed. 

Meta emphasised that the alcohol, real-money gambling and OTC Drugs companies may send and receive messages on WhatsApp but are prohibited from using Commerce Catalogs, Payments, or providing any other commerce experiences to sell or otherwise facilitate the exchange of goods or services. “Businesses must follow all applicable laws, including targeting their messages in accordance with legal requirements,” it added.

It’s important to note that this update arrives as the government is drafting new regulations to tackle surrogate advertising in the alcohol sector. Similarly, following the Patanjali misleading advertising case, the Supreme Court has imposed stricter measures on the health and food industries. Additionally, the government is intensifying efforts to combat illegal betting and offshore gambling operations.

Examples of businesses and use cases allowed:

Alcohol

• Businesses using WhatsApp to promote alcoholic products or brands

• Grocery businesses using WhatsApp to promote alcohol products

• Venues and events in which the primary business model depends on alcohol sales

OTC medication

Over-the-counter medicine refers to medicine that can be purchased or obtained without a prescription in the respective region. This includes but is not limited to various topical or ingestible common medications, such as anti-inflammatories, allergy medication, antiseptics or certain antibiotic medicines.

Pharmacies and drugstores may use all WhatsApp features, including commerce product features for grocery and convenience items; however, for OTC drugs, they may engage in messaging only. Businesses are at all times prohibited from using the WhatsApp Business Platform for promoting or otherwise facilitating the exchange of prescription drugs and recreational drugs.

• Pharmacies or drugstores that also offer convenience and/or grocery items

• Pharmacies or drugstores that also offer over-the-counter drugs

• Pharmacies or drug stores using WA commerce tools for convenience or grocery items, not over-the-counter drugs

Gambling

Messages on WhatsApp that promote online gambling and gaming, a type of Real Money Gambling, are only allowed with WhatsApp’s prior written permission. It stated, “The permission is provided after the business completes the required contact form, subject to the business complying with WhatsApp’s requirements. Both businesses that are new to WhatsApp and existing businesses must complete the contact form and receive written permission from WhatsApp prior to messaging about online gambling and gaming. Authorised businesses must follow all applicable laws, including targeting their messages in accordance with legal requirements.”

Meta defines online gambling and gaming as any product or service where anything of monetary value is included as part of a method of entry and prize. Monetary value includes but is not limited to cash or digital currencies like Bitcoin. 

• Online gambling or gaming businesses (requires written permission from WhatsApp)

• Physical, real-money gambling activity or establishments

• State or government lotteries

Examples of businesses and use cases not allowed:

Alcohol

Businesses using WhatsApp to directly transact in the sale of alcohol products or brands

Grocery businesses using WhatsApp to engage in direct buying and selling of alcohol products

OTC medication

Pharmacies that only sell prescription drugs

Pharmacies or drug stores using WhatsApp commerce tools for prescription or OTC drugs

Gambling

Online gambling or gaming businesses that have not been approved by WhatsApp