Contributed By Jones Day
Press releases regarding medicines are not prohibited. However, if a press release satisfies the three parts of the definition of advertising mentioned above, both the regulations concerning advertising under the PMD Act and the Standards will apply.
Generally, the restrictions under the PMD Act are more stringent when the target audience is the general public than when the target audience is healthcare professionals. For example, advertisements for pharmaceutical products used for cancer, sarcoma or leukaemia aimed at the general public are prohibited under Article 67 of the PMD Act.
In this regard, the JPMA Code of Practice states that pharmaceutical companies must ensure that their activities do not become inappropriate promotional activities for their own commercial purposes. It further states that pharmaceutical companies should take steps to avoid their activities becoming advertisements for ethical drugs to the general public or advertising that recommends unapproved drugs or off-label uses.
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