What is considered advertising of medicinal products?
What is considered advertising of medicinal products?

The following Life Sciences guidance note provides comprehensive and up to date legal information covering:

  • What is considered advertising of medicinal products?
  • Advertising within the regulatory framework on the advertising and promotion of medicinal products
  • Content and nature of the information
  • Identity of the person delivering the message
  • Push versus pull
  • Commercial versus non-commercial activities
  • Status of product approval and exchange of scientific information during drug development
  • Corporate information

This Practice Note examines the meaning of advertising within the regulatory framework on the advertising and promotion of medicinal products. It considers what activities may constitute advertising and therefore fall within the scope of the strict rules on advertising and promotion of medicinal products.

On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies (except to the limited extent agreed), but it continues to be subject to EU law and must submit to the continuing jurisdiction of the Court of Justice of the EU in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—Life Sciences and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Advertising within the regulatory framework on the advertising and promotion of medicinal products

Not all information provided about a medicinal product is advertising. Consequently, when considering whether certain information or activities need to comply with the rules on advertising and promotion of medicinal products, it is first necessary to establish whether the information or activity in question falls within the definition of advertising and therefore