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.

All information given in advertising must be in accordance with the drug information most recently approved by Swissmedic. In particular, only indications and application possibilities approved by Swissmedic may be advertised (Article 32 para. 1 lit. c HMG; Article 5 para. 1 and Article 16 para. 1 AWV).

Information on unauthorised medicines during a scientific conference directed at healthcare professionals can be provided. However, no promotion for such medicines is allowed. The same applies to new indications, possible applications, dosages, pharmaceutical forms and packings of a medicine. With such information, it must always be clearly stated that this medicine, or the new indication, possible application, dosage, pharmaceutical form or packing for the medicine has not yet received marketing authorisation from Swissmedic (Article 32 paragraph. 1 lit. c HMG; Article 5 paragraph 1 AWV; rules 241 and 242 Pharma Code).

It is allowed to send information on unauthorised medicines to healthcare professionals. However, no promotion for such medicines is allowed. The same applies to new indications, possible applications, dosages, pharmaceutical forms and packings of a medicine. With such information, it must always be clearly stated that this medicine, or the new indication, possible application, dosage, pharmaceutical form or packing for the medicine has not yet received marketing authorisation from Swissmedic (Article 32 paragraph 1 lit. c HMG; Article. 5 paragraph 1 AWV; rules 241 and 242 Pharma Code).

Healthcare institutions in Switzerland generally do not need to prepare budgets for medicines because the majority of medicines are listed in the “list of specialities” (SL) and therefore reimbursed by compulsory healthcare insurances. The prices of these listed medicines are determined by the authorities, generally after their approval and before their release on the Swiss market. Consequently, there is no reason to send information on unauthorised medicines or unauthorised indications to healthcare institutions solely for budget reasons. It is thus likely that such information would be considered to be prohibited advertising to the public (Article 16 paragraph. 1 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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