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: