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Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.
Advertising of medicines: legal support of advertising and audit of advertising materials
In the context of the active development of the pharmaceutical market of Ukraine, advertising of medicines is becoming an increasingly difficult task for businesses. Incorrectly designed advertising can lead not only to significant fines, but also to serious reputational losses. This issue has become particularly relevant after the introduction of new legislative changes.
Key legislative changes in 2023-2024
On May 30, 2023, the Law of Ukraine “On Amendments to the Law of Ukraine “On Advertising” No. 3136-IX was adopted, which significantly updated the rules for advertising medicinal products. Most of the provisions have already entered into force, and some of the changes began to apply from January 1, 2024. In addition, additional changes are expected related to the implementation of the new Law of Ukraine “On Medicinal Products” (No. 2469-IX of July 28, 2022), which will enter into force 30 months after the end of martial law.
One of the most important innovations was the expansion of the concept of advertising itself. Now advertising is defined as information about a person, idea and/or product that is distributed for a fee or for the purpose of self-promotion. It is important to understand that the fee can be not only monetary – it can be free services, discounts, benefits or other forms of material benefits.
Main restrictions and prohibitions
The legislation sets clear limits on the advertising of medicines. The most important prohibitions include:
- Advertising of medicines not registered in Ukraine
- Advertising of prescription drugs in publicly available sources
- Claims about guaranteed treatment effect
- Use of images of medical professionals in advertising
- Dissemination of information that may mislead the consumer
Particular attention should be paid to advertising on the Internet. The State Service for the Protection of Food and Consumer Rights does not consider websites to be specialized publications, so placing advertisements for prescription drugs there is considered a violation of the law, even if special disclaimers are used.
Promotion features for a professional audience
Promotion of medicines among healthcare professionals is a special type of communication that is regulated by separate regulations. For effective and legal promotion, it is necessary to:
- Include full information about the drug according to the summary of product characteristics
- Indicate data on the dispensing category
- Base all statements on reliable scientific data
- Use only dedicated communication channels
It is important to understand that promotional materials must be significantly different from regular advertising and meet high professional standards.
Risks and liability
Two key regulators monitor compliance with advertising legislation: the State Service for the Protection of Consumer Rights and the Antimonopoly Committee of Ukraine. Violations can lead to serious consequences:
- Fines up to five times the cost of advertising from the State Service for Food and Consumer Protection
- Sanctions from the Antimonopoly Committee of Ukraine up to 5% of the company’s annual revenue
- Forced refutation of unfair advertising
- Significant reputational losses
How to protect your business when advertising medicines?
Given the complexity of the legislation and the high risks, companies need to take a systematic approach to reviewing advertising materials. The recommended algorithm of actions includes:
- Conducting a preliminary audit of advertising materials
- Consulting with specialists on the admissibility of wording
- Regular monitoring of changes in legislation
- Developing internal procedures for checking advertising
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Professional approach to advertising
Our lawyers offer comprehensive support for advertising campaigns, which includes:
- Audit of existing advertising materials
- Verification of compliance of advertising with legislative requirements
- Development of recommendations for adjusting materials
- Consultation on permissible wording
- Minimization of risks of violations and penalties
We understand that each advertising project is unique, so we offer an individual approach to each client. Our specialists constantly monitor changes in legislation and the practice of its application, which allows us to provide relevant and practical recommendations.
Don’t risk your reputation and finances – entrust the verification of your advertising materials to professionals. Contact our specialists for detailed consultation and professional support of your advertising campaigns in the pharmaceutical industry.
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1 question
Do you use images of healthcare professionals (real or staged) in your promotional materials?
2 question
Do you promote your products through bloggers or opinion leaders on social media?
3 question
Are you planning to launch new advertising campaigns within the next 3 months?
What to do if I am not in Kyiv?
Medical law covers a very wide range of services, and most of them can be provided remotely – with modern technologies, this is not only possible but also more convenient and efficient. Even court sessions are not an obstacle – we participate in them online.
At the same time, it is possible for a lawyer to travel outside Kyiv and the region to provide certain services.
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How can I get a disability group?
In order to understand whether you can receive a disability group, a lawyer studies your medical documents in detail, consults with specialist doctors, and then concludes whether you have grounds for registering a disability and which group.
If there are grounds, the lawyer gives comprehensive advice on what and how to do to maximize the chances of receiving a positive opinion of the medical board.
If necessary, the lawyer provides full support.
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Dental practice license in Ukraine
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Consultation with a lawyer on medical law
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Compensation for substandard services or goods
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Advertising of medicines: legal support of advertising and audit of advertising materials
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