The advertising of medicinal products is regulated by two legal acts – the Advertising Act and the Medicinal Product Act. The Advertising Act provides the definition of advertising, the general requirements, prohibitions and restrictions established for advertising in general. According to the Act § 2 the advertising means information which is made public in any generally perceived form for a charge or without charge for the purpose of the provision of a service, increasing the sale of goods, promoting an event or directing the conduct of a person in public interests.
The specific requirements for advertising of medicinal products are stipulated in the Medicinal Product Act (§ 82-86) and the classes of advertising of medicinal products is divided into two broad categories:
1) advertising of medicinal products to the general public;
2) advertising of medicinal products to persons qualified to prescribe them, to dispensing chemists or pharmacists.
The general requirements for advertising and for advertising of medicinal products (§ 83) will be applied to the both categories of advertising and specific rules are provided in separate articles (§§ 84 and 85). The inducement designed to promote prescription or sales is considered equal to advertising of medicinal products and the stipulated rules should be followed when sponsoring, giving gifts or providing services to the persons qualified to prescribe medicinal products, dispensing chemists and pharmacists (§ 86).
The liability for the violation of the requirements of advertising of the medicinal products or the prohibition of inducement designed to promote the prescription or sales is also provided in the Medicinal Product Act.
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