Last Updated February 20, 2019

Law and Practice

Contributed By Jones Day

Authors



Jones Day assists with all facets of clients' marketing, promotion, and advertising efforts by devising marketing strategies, developing packaging and labelling, obtaining internal and governmental approvals and implementing compliant advertising campaigns, including print, radio and television advertising, website development and social media platforms. The firm's Life Sciences team helps clients to preserve their advertising position and challenge infringing competitors. Its lawyers provide assistance with pharmaceutical, medical device and biological regulations, including counselling and representation on diverse issues such as product development, product clearance and approval, clinical trials, biosafety, licensing agreements, facility and establishment registration, product listing, government inspections, product and ingredient notifications, recalls, corrective actions, regulatory and due diligence projects, and audits and compliance with good manufacturing practices and the quality systems regulation. The team has successfully defended clients against FDA enforcement actions including warning letters, seizures, product recalls, inspections, civil monetary penalties, adverse agency determinations, consent decrees and corporate integrity agreements. The views and opinions set forth herein are the personal views or opinions of the author; they do not necessarily reflect views or opinions of the law firm with which [he or she] is associated.

Generally, the same laws, regulations and self-regulatory codes concerning pharmaceutical advertising will also apply to pharmaceutical advertising on social media. The JPMA Code of Practice in particular describes several issues to which pharmaceutical companies must pay close attention when advertising through social media.

The JPMA Code of Practice defines 'social media' as media formed by interactive communication mainly through the internet, where the users, including individuals, send various information. The main feature of social media is that an individual can easily and promptly send information to the general public. Due to this characteristic of the medium, inappropriate information, including false information, may be broadly transmitted to the general public without any confirmation of the accuracy of the information. Therefore, the JPMA Code of Practice requires member companies to take all responsibility for such social media content and before advertising on social media the companies must confirm that all relevant subsidiaries, parent companies, affiliates, planning companies, agencies, employees, etc, comply with the JPMA Code.

Further, the JPMA Code of Practice requires that member companies pay special attention to the following:

  • compliance with the PMD Act, the Standards and the provisions of the JPMA Promotion Code;
  • when a member company plans or supports social media activities, that company shall take responsibility for verifying the appropriateness of published content including content posted by third parties and shall take appropriate steps (including take-downs) in the event that inappropriate information is posted, such as information relating to unapproved use, slander and/or defamation of other companies’ products or information regarding adverse events;
  • only information that has passed careful scrutiny by the appropriate department within the company shall be released; and
  • when a company is acting as a sponsor, it shall clearly indicate its company name.
Jones Day

Kamiyacho Prime Place
1-17, Toranomon 4-chome
Minato-ku
Tokyo 105-0001
Japan

+81 334333939

+81 354012725

www.jonesday.com/tokyo/

Authors



Jones Day assists with all facets of clients' marketing, promotion, and advertising efforts by devising marketing strategies, developing packaging and labelling, obtaining internal and governmental approvals and implementing compliant advertising campaigns, including print, radio and television advertising, website development and social media platforms. The firm's Life Sciences team helps clients to preserve their advertising position and challenge infringing competitors. Its lawyers provide assistance with pharmaceutical, medical device and biological regulations, including counselling and representation on diverse issues such as product development, product clearance and approval, clinical trials, biosafety, licensing agreements, facility and establishment registration, product listing, government inspections, product and ingredient notifications, recalls, corrective actions, regulatory and due diligence projects, and audits and compliance with good manufacturing practices and the quality systems regulation. The team has successfully defended clients against FDA enforcement actions including warning letters, seizures, product recalls, inspections, civil monetary penalties, adverse agency determinations, consent decrees and corporate integrity agreements. The views and opinions set forth herein are the personal views or opinions of the author; they do not necessarily reflect views or opinions of the law firm with which [he or she] is associated.

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