Advertising medicines to the public - common issues
UK
The UK presents the burden of several trade associations that require their members to submit advertising materials aimed at the general public for vetting before issue. For instance:
- the Proprietary Association of Great Britain (PAGB) vets potential advertisements to the public against the Consumer Code;
- Clearcast approves advertising for television against the UK Code of Broadcast Advertising; and
- Radio Advertising Clearance Centre ensures that all radio advertisements for medicines comply with the UK Code of Broadcast Advertising.
The Committee of Advertising Practice (CAP) does not require compulsory vetting of non-broadcast advertisements before issue, but offers a free copy advice service for advertisements covered by the UK Code of Non-broadcast Advertising.
Germany
The most common issues encountered with the advertisement of pharmaceuticals targeted at the general public are certain bonus programs of pharmacies granting benefits to customers. Also, the issue of substantiating claims with clinical data in advertisements has arisen in recent decisions. As German law is subject to change at the moment, it remains to be seen how the courts will interpret the new provisions.
If you have any questions on this article or would like to propose a subject to be addressed by Synapse please contact us.
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Paul England
Paul is a senior associate and professional support lawyer in the Patents group based in our London office.
Dr Manja Epping
Manja is a partner and Head of Life Sciences for Germany based in our Munich office.