Contributed By Pakharenko & Partners (Kyiv)
Advertising of prescription medicines, as well as over-the-counter medicines, which are included in the list of medicines whose advertising is prohibited, shall be banned by legislation.
The main principles of advertising are as follows: Legality, accuracy, credibility, the use of forms and means that are not detrimental to the consumer of advertising, compliance with the principles of fair competition, the placement of information or images violating the norms of ethics, humanity and morality, moral norms and neglecting the rules of decency shall not be allowed.
Advertising should make allowance for children’s particular sensitivity and should not cause harm to them.
Advertising should be clearly separated from other information and clearly identified as advertising.
Information about prescription medicines can be disseminated at the place of their sale, but it should not contain the features of advertising (for example, calls for the purchase of a medicine) and should be placed in order to provide the consumer with the opportunity to make an informed choice about a medicine, to obtain information about the manufacturer, the proper use of the medicine, etc.
To summarise, it should be noted that according to the Ukrainian legislation, the following information shall not be considered as advertising:
Advertising of medicines should contain objective information about a medicine; a statement requiring that a customer should consult a healthcare professional prior to using a medicine; a recommendation on obligatory familiarisation with an instruction for medicine; the text of the notice as follows: “Self-treatment can be harmful to your health”, which should occupy not less than 15% of the area (duration) of entire advertisement.
The advertisements of medicinal products cannot contain references to the therapeutic effects concerning illnesses that are not curable or difficult to be cured.
Placement of the following information is prohibited:
The advertising of medicinal products is not allowed to feature doctors and other healthcare professionals, as well as persons whose appearance imitates the appearance of doctors.
Persons involved in the production and/or sale of medicines may sponsor, inter alia, television, radio broadcasts and programmes by providing advertising information on the name, the mark for goods and services, with the exception of any reference to the prescription-only medicines.
It is prohibited to place recommendations or references to the recommendations of healthcare professionals, scientists, healthcare institutions and organisations regarding the advertised medicines, feature doctors and other healthcare professionals, as well as persons whose appearance imitates the appearance of doctors.
Healthcare professionals are not allowed to advertise medicines, including by means of prescribing medicines on forms containing advertising information and indicate manufacturers of medicines (trade marks).