Contributed By Walder Wyss Ltd
Statements relating to comparisons with other medicines are generally permitted if they are scientifically correct and based on equivalent clinical trials or data collections. Such clinical trials must have been conducted in accordance with the rules of good clinical practice and be published or accepted for publication. Data collections (such as meta-analyses or practical experience reports) must have been published in a scientifically recognised specialist medium. If studies are used for comparison purposes that are based on experiments in vitro or on animals, this must be disclosed openly (Article 7 AWV).
Furthermore, it is prohibited to disparage others, their goods or prices by making incorrect, misleading or unnecessarily offensive statements or to take measures that are likely to cause confusion with their goods. Also, it is prohibited to compare oneself, one’s goods or prices in an incorrect, misleading, unnecessarily disparaging or similar manner with others, their goods or prices. Such advertising would constitute unfair competition (Article 3 para. 1 lit. a, d and e UWG).