Last Updated June 11, 2019

Law and Practice

Contributed By Walder Wyss Ltd

Authors



Walder Wyss Ltd has 200 legal experts and office locations in Zurich, Geneva, Basel, Berne, Lausanne and Lugano. Walder Wyss Ltd has a team dedicated to life science and pharmaceutical regulatory law, including healthcare insurance law. The key areas of practice in relation to the pharmaceutical advertising sector are pharmaceutical regulatory law, healthcare insurance law and the law regarding research on humans and clinical trials, stem cells and blood components, genetic testing, transplantation, special nutrition, medical devices and reproductive medicine. The firm has established www.lifesciencelaw.ch, a website dedicated to all legal issues surrounding life sciences where case law is discussed and where interested people can find publications from the team.

General information on health and diseases is not considered to be advertising as long as there are no direct or indirect references to individual medicines. Therefore, general information will turn into advertising if an active substance is named in connection with a measure aiming at promoting the sale of a particular medicine containing the said active substance.

Since the packing material and the drug information are not subject to the AWV, they may – in principle – be made available to the public in connection with general information on health and diseases. However, if packing material and drug information are made available in connection with information on a particular disease and possible treatments, they may be considered to be a direct or indirect reference to an individual medicine and therefore to constitute advertising. If general information on health and diseases fulfils the criteria of completeness, objectivity and balance, a link to the homepage of “swissmedicinfo” would, however, be conceivable.

In light of the mentioned rules, disease awareness campaigns do not qualify as advertising if there are no direct or indirect references to individual medicines.

With regard to advertising to the public, general information on health and diseases may not contain any references to prescription medicines (Article 32 para. 2 lit. a HMG; Article 14 AWV).

Walder Wyss Ltd

Walder Wyss Ltd.
Seefeldstrasse 123
P.O. Box
8034 Zurich
Switzerland

+41 58 658 58 58

+41 58 658 59 59

reception@walderwyss.com www.walderwyss.com/en/home
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Authors



Walder Wyss Ltd has 200 legal experts and office locations in Zurich, Geneva, Basel, Berne, Lausanne and Lugano. Walder Wyss Ltd has a team dedicated to life science and pharmaceutical regulatory law, including healthcare insurance law. The key areas of practice in relation to the pharmaceutical advertising sector are pharmaceutical regulatory law, healthcare insurance law and the law regarding research on humans and clinical trials, stem cells and blood components, genetic testing, transplantation, special nutrition, medical devices and reproductive medicine. The firm has established www.lifesciencelaw.ch, a website dedicated to all legal issues surrounding life sciences where case law is discussed and where interested people can find publications from the team.

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