The advertising of medicines in Argentina is regulated by a combination of laws and regulations issued by the National Ministry of Health and the National Administration of Medicines, Food and Medical Technology (ANMAT), jointly with a code of conduct adopted by the pharmaceutical industry. ANMAT is the national enforcement authority in charge of regulating and controlling medicines and medicinal products, including the advertising of medicines.
General Rules
Law No 16,463 (the “Medicines Act”) and its Regulatory Decree No 9763/1964 regulate the most relevant activities in the pharmaceutical industry, including the advertising of medicines.
ANMAT Disposition No 4980/2005 regulates the advertising of over-the-counter medicines, as does the National Ministry of Health’s Resolution No 20/2005, which states that any advertising regarding over-the-counter medicines must observe ANMAT’s criteria.
National Ministry of Health Resolution No 627/2007 regulates the promotion of prescription-only medicines, while Disposition No 6516/2015 regulates the obligation of pharmaceutical companies to notify ANMAT of the advertising they intend to introduce to healthcare professionals (HCPs), as discussed further in 6.1 Requirements for Prior Notification/Authorisation of Advertising Materials.
ANMAT Disposition No 2845/2011 introduces the “Programme for Monitoring and Control of Advertising and Promotion of Products Subject to Health Surveillance”, the objectives of which are described in 11.2 Initiating Proceedings for Pharmaceutical Advertising Infringements.
Law No 24,240 (the “Consumer Protection Act”), National Decree 274/2019 (the “Fair Trading Decree”) and the National Civil and Commercial Code provide general mandatory guidelines for advertising any types of products and services, including medicines.
Finally, Argentine provinces and the Autonomous City of Buenos Aires are competent for the issuance of rules on the advertising of medicines. In this respect, the most relevant local regulations include:
In general, the provincial laws are aligned with national laws and regulations.
Code of Ethics
The Argentine Chamber of Medicinal Specialties (CAEMe), which represents most foreign pharmaceutical and biotechnology companies that develop and commercialise medicines in Argentina, has adopted a code of ethics that sets forth certain standards for the promotion of pharmaceutical products and interactions with HCPs, healthcare organisations (HCOs) and patient organisations (POs).
In Argentina, CAEMe’s self-regulated code of ethics is applicable to all member pharmaceutical companies, and sets forth standards for:
CAEMe’s members must comply with the ethical standards set forth in this code, and are therefore responsible both for their own non-compliance and for the non-compliance of third parties (ie, those who enter into contracts or any type of agreement with CAEMe’s members).
The Medicines Act and its related regulations consider advertising to be any form of announcement to the general public, including through all forms of media, whether traditional media such as television, radio and ads in public roads, or others such as the internet and so-called non-traditional advertising.
ANMAT defines pharmaceutical advertising or propaganda as a technique applied in an organised manner through the media to inform or promote the features, benefits or qualities of medicines to encourage their sale.
CAEMe’s self-regulating code of ethics understands pharmaceutical advertising as being any action carried out, organised or sponsored by a member company, directly or indirectly through a third party, aimed exclusively at HCPs for the purpose of promoting the prescription, recommendation, acquisition, distribution, dispensing, administration or consumption of its medicines through any means of communication.
Therefore, advertising is considered as any:
Information refers to a product’s technical characteristics, which the regulations require to be included explicitly in all medicines’ labels, prospectuses and advertisements. Thus, in contrast to advertising, information refers specifically to medicines’ particularities that the patients must be aware of in order to be fully informed before purchasing and consuming the medicines (eg, technical information, dosage, adverse effects), which excludes any other type of promotion of the medicines’ features, benefits or qualities to encourage their sale.
It should also be noted that, according to CAEMe’s code of ethics, the following activities will not be considered advertising of medicines:
Disease awareness campaigns are allowed in Argentina, but they are considered advertising if they mention the pharmaceutical company’s name or any other information related to it, including websites, addresses or any contact information. However, it should be noted that if the campaign is made by a pharmaceutical company that markets or manufactures over-the-counter medicines, it will be considered as advertising permitted by the legal framework.
Press releases on prescription-only medicines are prohibited when they are accessible to the general public. However, publication in magazines, newsletters, books or audio-visual media directed exclusively towards HCPs that are authorised to prescribe or dispense medicines is allowed.
The Argentine Supreme Court of Justice has declared the publication of an article in a newspaper of massive diffusion that promoted a prescription medicine to be irregular. It was considered that, although the advertisement was addressed to HCPs, the general public had access to it and, therefore, it breached the rules on advertising of medicines.
According to CAEMe’s code of ethics, the following shall not be considered promotional activity, provided there is no relationship between the member company or brand/medicine owner and the company responsible for the edition or the author of the information: texts written and prepared by journalists in the course of their professional work in regular editions, supplements, special issues or editions, or others, of newspapers, magazines, television or radio programmes, etc, in which information about drug therapies, specific treatments, medicines submitted as novelties, scientific studies, papers, references to a medicine, lines of research, product launches, press conferences, publications, etc, is presented as a news item, an interview, a debate or an editorial or in another similar format.
In Argentina, comparative advertising is a commercial announcement that explicitly or implicitly alludes to a competitor, its brand or the products offered by it. The comparison will be acceptable as long as it follows the guidelines set forth by the Fair Trading Decree – ie, the advertising must:
In particular, based on the Fair Trading Decree, a comparative advertisement for a medicine should not:
Under Argentine regulations, the advertising of unauthorised medicines or indications is not allowed. In this respect, CAEMe’s self-regulating code of ethics provides that medicines should not be promoted in the country until they have received a marketing authorisation from the relevant authority.
However, CAEMe’s code of ethics sets forth that the activities listed in 2.2 Information or Advertising: Disease Awareness Campaigns and Other Patient-Facing Information shall not be considered prohibited promotion of unauthorised medicines or indications.
In accordance with CAEMe’s code of ethics, information distributed to HCPs participating at national or international scientific conferences may refer to unauthorised medicines or indications, as long as it is not promotional in nature. For international conferences in particular, CAEMe’s code of ethics sets forth the following rules:
As mentioned in 3.1 Restrictions on the Provision of Information Concerning Unauthorised Medicines or Indications, CAEMe’s code of ethics:
In this respect, the code of ethics expressly states that the prohibition described in the first item above does not intend to impede the right of the scientific community and the public to be fully informed about scientific and medical progress, nor does it intend to restrict a full and proper exchange of scientific information concerning a pharmaceutical product, including appropriate dissemination in the scientific or general media and at scientific conferences of research findings.
The code of ethics provides that it is proper and permissible to debate on and expose the scientific sphere regarding the breakthrough of new medicines, even where they are not yet approved by the health authorities.
In Argentina, the CAEMe’s code of ethics stipulates that sending information on unauthorised medicines or indications to HCOs so that they can prepare budgets is allowed, as long as the pharmaceutical companies do not induce or provide promotional statements. Therefore, pharmaceutical companies must expressly demonstrate that their intention is not to promote or advertise the product, but to provide information in order to help prepare budgets.
ANMAT has an exceptional regime in place for patients to obtain medicines that have not yet been authorised in Argentina. Therefore, it is permitted to publish the availability of such programmes as long as all the provisions set forth by ANMAT Disposition No 4616/2019 are complied with.
In summary, the Disposition provides for specific situations where the early access exception may be requested, and for all the documents that the applicant must present. For the advertising of medicines, the Disposition expressly prohibits the commercialisation or promotion of medicines brought into the country under the exceptional regime, on penalty of initiating the corresponding administrative and/or penal actions.
The Medicines Act stipulates that only over-the-counter medicines can be advertised to the general public; see 4.2 Information Contained in Pharmaceutical Advertising to the General Public for more information. The Medicines Act expressly forbids the promotion or advertising of prescription-only medicines to the general public, in any form; the promotion of prescription-only medicines is only allowed when it is directed exclusively to HCPs.
Only advertising for over-the-counter medicines can be directed to the general public. ANMAT Disposition 4980/2005 provides that the following information must be included:
Conversely, the following information is prohibited:
CAEMe’s code of ethics allows member companies to interact with patients, patient experts, patient advocates and care-givers, observing the following guidelines:
Conversely, CAEMe’s member companies may interact with POs in the following cases:
CAEMe’s code of ethics presents a “Patient Support Programme”, which refers to any programme organised by a member company aimed at assisting patients who have already been prescribed medication by an HCP and/or care-givers in the management of their disease with the appropriate use of medication, among other topics of interest related to the patient’s health.
The code of ethics also presents a “Diagnostic Support Programme”, which refers to the support that member companies can provide for necessary diagnostic tests for patients, prior to a medicine prescription.
However, companies cannot use these programmes in order to promote their medicines (including prescription-only medicines) or unauthorised products.
National Ministry of Health Resolution No 627/2007 dictates that advertisements directed at HCPs must provide the technical-scientific information necessary to make the HCPs aware of the medicine’s therapeutic properties; in order to do so, they must at least include the following:
The fact that the regulation outlines the minimum information that advertisements must include implies that any other information (which must be certain, objective and verifiable) concerning the product may be submitted to HCPs.
In respect of prohibitions, the aforementioned Resolution sets forth that advertisements directed towards HCPs are forbidden for medicines that have not been authorised by the enforcement authority with the corresponding marketing authorisation.
National Ministry of Health Resolution No 627/2007 expressly states that any promotional literature related to a medicine that is disseminated to HCPs should include at least the information referred to in 5.1 Restrictions on Information Contained in Advertising Directed at Healthcare Professionals, so any reference to data not included in the summary of product characteristics may be delivered to HCPs as long as it is certain, objective and verifiable.
In this respect, CAEMe’s code of ethics dictates that the advertising may refer to data or other clinical studies that are not included in the summary of product characteristics, as long as it respects the meaning and objectives of the original file and cites its sources.
In addition, when the promotional material refers to published studies, these must be faithfully reproduced or a clear reference to them must be provided, to be able to know how to find them. Faithful reproduction should be understood as an accurate reflection of the meaning and content of the original source, without adding or excluding any information that could mislead or confuse the recipient.
Advertising the use of a medicine in combination with a medical device is permitted as long as the advertising materials are consistent with the summary of the product characteristics of both products. In this respect, ANMAT Disposition No 7446/2019 stipulates that a combined product means any product consisting of two or more components that constitute a single entity when combined. In this Disposition, ANMAT provides a guideline for the procedure for obtaining the combination product’s approval and authorisation.
As regards advertisements, the rules described in 5.1 Restrictions on Information Contained in Advertising Directed at Healthcare Professionals are applicable.
Companion diagnostic products are ruled as medical products, so the legal framework for medical products will apply.
In this regard, the advertising of medical products is similar to medicines – ie, the only medical products that can be advertised to the general public are those that may be used or applied by a patient with no HCP prescription. To that effect, the advertising of medical products must comply with the requirements contained in ANMAT Resolution 20/2005 and Disposition 4980/2005.
In this respect, all advertisements must:
Advertising of or propaganda on in vitro diagnostic products for self-assessment should not:
It is important to note that no competitions, contests or sweepstakes of any kind may be promoted or organised, and no gifts or benefits of any kind may be given in which in vitro diagnostic products for self-testing are involved.
Companies may provide reprints of journal articles to HCPs, since they are considered an advertisement media. However, the reprints must observe the directions described in 5.1 Restrictions on Information Contained in Advertising Directed at Healthcare Professionals, and should be made exclusively from publications or events for scientific dissemination only for professionals authorised to prescribe or dispense medicines; see 5.2 Reference to Data Not Included in the Summary of Product Characteristics.
National Ministry of Health Resolution 627/2007 stipulates that quotes, tables and other illustrations taken from medical journals or scientific works that may be used in promotional literature should respect the meaning and objectives of these, and cite their sources. Likewise, CAEMe’s code of ethics provides that quotations taken from medical and scientific literature or personal communications should accurately reflect the author’s opinion and, where appropriate, should mention the product on which the author based their opinion.
To date, there are no relevant regulations in Argentina regarding medical science liaisons.
Advertising for medicines is not subject to prior authorisation from the regulator.
ANMAT Disposition No 9660/2016 sets forth that it is not necessary to submit the advertising materials for over-the-counter medicines directed to the general public for ANMAT’s control. The requirements for promoting over-the-counter medicines are described in 4.2 Information Contained in Pharmaceutical Advertising to the General Public.
ANMAT Disposition No 6516/2015 provides that companies that intend to promote prescription-only medicines to HCPs must notify ANMAT of such advertising, providing with the corresponding promotional piece. The advertising requirements are described in 5.1 Restrictions on Information Contained in Advertising Directed at Healthcare Professionals. This notification to ANMAT must be made within 48 hours from the beginning of the materials’ dissemination, in the form of a sworn statement.
Ministry of Health Resolution No 267/2007 on “Good Advertising Practices of Prescription-only Medicines” stipulates that pharmaceutical companies are responsible for establishing appropriate procedures for the training of medical advertising agents and/or medical visitors and ensuring they have sufficient scientific knowledge to present the information of the company, in order to provide the HCPs with all the information regarding the therapeutic benefits, adverse effects, contraindications, interactions, other therapeutic benefits and risks derived from the use of prescription-only medicines.
Likewise, CAEMe’s code of ethics dictates that member companies must establish internal structures and procedures (including appropriate employee training) in order to ensure that promotional activities are conducted in a responsible and ethical manner.
The advertising of medicinal products on the internet is subject to the same requirements imposed on traditional channels. In this sense, when prescription-only medicines are advertised on the internet, companies must do so through a specific website to which the general public has no access, since, as previously mentioned, their promotion must be exclusively directed towards HCPs.
In this respect, ANMAT Disposition 4980/2005 clarifies that the internet may not be used as a mechanism for the direct sale of any types of medicines; all prescription-only medicines may only be dispensed through pharmacies. However, Decree 63/2024 introduces the possibility to acquire prescriptions for oncological or special treatment medications listed by the regulatory authority through drugstores.
Regarding over-the-counter medicines, recent Decrees 70/2023 and 63/2024 authorise the dispensing of antacids and analgesics by establishments that are not enabled as pharmacies, such as supermarkets and/or kiosks. However, these establishments must comply with certain requirements: the over-the-counter medicines must be placed or displayed in a way that the public cannot access them directly – they must be handed over by an employee of the establishment and only to individuals aged 18 or older. These establishments must also obtain an authorisation from the enforcement authority, which will be subject to certain requirements:
ANMAT has also recently suggested that the population refrain from acquiring and consuming any type of drug of unknown origin or any drug that is not sold through legitimate channels of commercialisation (ie, pharmacies). This includes those offered through web pages and email messages, as well as those promoted through classified advertisements.
CAEMe’s code of ethics states that companies should have internal structures and procedures in place (including adequate training of employees), and should ensure that these activities are performed in a responsible and ethical manner, and in strict compliance with the regulations.
See 7.1 The Advertisement of Medicinal Products on the Internet.
Companies are allowed to provide disease awareness information to patients online, as long as they observe the provisions described in 4.3 Restrictions on Interactions Between Patients or Patient Organisations and Industry and 2.2 Information or Advertising: Disease Awareness Campaigns and Other Patient-Facing Information.
Argentina has no special regulation on online scientific meetings, but CAEMe’s code of ethics stipulates that any type of similar scientific, promotional and/or educational activity should be understood as a scientific meeting. Therefore, member companies may organise, sponsor or support scientific, educational or professional training events for the different actors of the healthcare system, in order to improve their level of knowledge in matters related to healthcare, the improvement of the healthcare system and the quality of life of patients.
The objective and focus of the congresses or scientific events should be to provide scientific, educational and/or professional information, and to update, but under no circumstances should social and/or recreational activities be sponsored.
In order for a congress to be understood as “international”, most of the participants must be foreigners, and the relevant resource or expertise that is the main object of the event should be located abroad. When organising or sponsoring international events, member companies must also comply with the specific provisions of the relevant country and the codes of good practice of the country where the event takes place, in addition to CAEMe’s code of ethics.
When member companies organise or participate in events, this fact should be stated in all documents relating to the invitation, as well as in any paper or document to be published.
At these types of events, promotional items may be handed out but they should be related to the scientific and/or educational activities attended by HCPs – eg, articles that serve as containers of scientific information and/or that can be used by HCPs. However, under no circumstances may money be offered to compensate for the time spent by HCPs to attend the event (loss of profit). In addition, the sponsorship of HCPs or any other actor of the health system may not be conditional on the obligation of their prescription, recommendation, purchase or promotion of a medicinal product, nor to obtain an undue advantage in favour of the member company.
In Argentina, there are no legal rules specifically concerning the advertising of medicinal products on social media. Therefore, advertising medicinal products on social media is subject to the same requirements imposed on traditional channels, as described in 7.1 The Advertisement of Medicinal Products on the Internet.
National Law No 17,132 on the Practice of Medicine (which applies to the Autonomous City of Buenos Aires) and similar provincial anti-benefits regulations (following the national standard guidelines) set forth general principles, but do not regulate in detail restrictions on economic benefits, the value of the content or agreements with content-generating vendors. Therefore, the pharmaceutical industry – including local and foreign laboratories – in Argentina has issued industry self-regulations with specific and modern standards to be followed.
The Practice of Medicine Act sets forth a general prohibition on HCPs obtaining any profit from pharmaceutical companies that would imply inappropriate influence on the prescription practices of an HCP.
National Ministry of Health Resolution No 627/2007 on “Good Advertising Practices of Prescription-only Medicines” provides anti-bribery rules that apply to interactions between pharmaceutical companies and HCPs, prohibiting pharmaceutical companies from delivering any types of benefits to HCPs, such as bonuses, pecuniary advantages or benefits in kind. Their liability will extend to any person acting on their behalf and/or representation.
The Argentine Criminal Code also includes part of the Argentine anti-corruption legislation (Sections 256 to 259), which prohibits active and passive bribery of public officials as well as active bribery of foreign public officials. These regulations also apply to benefits provided to public HCOs. In this respect, CAEMe’s code of ethics sets forth that medical and scientific personnel working at a public or partially public hospital, clinic or university, or other similar public or partially public entity, will be considered “public officials”.
CAEMe’s code of ethics further provides that all relations with public officials must comply with applicable rules and regulations – ie, any rule or provision applicable to Argentine public officials or imposed by their employer. Member companies should adopt policies and procedures so that all relations with public officials occur in a justified and transparent way, and are duly documented and recorded. Therefore, companies may incur criminal liabilities for bribes offered or given to public officials by the companies’ employees, directors or other persons under their control, who may act in their name and/or representation.
National Ministry of Health Resolution No 627/2007 on “Good Advertising Practices of Prescription-only Medicines” establishes a prohibition on pharmaceutical companies granting, offering or promising any types of benefits of any nature to HCPs and/or to persons related or close to them, such as bonuses, pecuniary advantages or benefits in kind.
CAEMe’s code of ethics stipulates that donations, grants or contributions in cash or in kind to HCOs are only permitted if:
Along the same lines, the code of ethics provides that it is not permitted to give donations and/or grants to HCPs.
Conversely, the code of ethics allows the granting to HCPs of promotional items (also called merchandise or gimmicks) that are intended to serve as a reminder of the product brand and/or company logo only for over-the-counter products, as well as items of medical utility if they are of modest value, and informative or educational articles for the professionals’ and/or their patients’ education about diseases and their treatments, provided that the articles are primarily for educational purposes.
As mentioned in 8.1 Anti-bribery Legislation Applicable to Interactions Between Pharmaceutical Companies and Healthcare Professionals, companies may incur criminal liabilities for bribes offered or given to public officials by the companies’ employees, directors or other persons under their control, who may act in their name and/or representation. CAEMe’s code of ethics identifies a “public official” as any person holding an official position, including medical and scientific personnel when working in a public or partially public hospital, clinic or university, or other similar public or publicly owned entity.
National Ministry of Health Resolution No 627/2007 on “Good Advertising Practices of Prescription-only Medicines” establishes a prohibition on pharmaceutical companies from granting, offering or promising any types of benefits of any nature to HCPs and/or to persons related or close to them, such as bonuses, pecuniary advantages or benefits in kind.
Nonetheless, educational support may be granted to HCPs on an individual basis, such as rotations in reference health institutions, professional updating scholarships, and research support in reference health institutions, as long as they meet the requirements described in 9.3 Sponsorship of Scientific Meetings and payment is made directly to the educational provider involved.
Pharmaceutical companies may give HCPs free samples of medicines for the purpose of improving patient care. These samples may not be sold or used inappropriately. Companies must have adequate control, tracking and follow-up systems for samples given to HCPs.
The samples provided to HCPs should be identifiable by the generic and commercial name, with the same size and prominence for both. For medicines consisting of two or more generic names, the size of the typography for each of them may be reduced proportionally. They should also contain abbreviated information in approved labels and package inserts referring to indications, posology, adverse effects and contraindications, and should not add promotional expressions. Pharmaceutical companies should maintain an adequate control system verifiable through the production books.
Pharmaceutical companies are not allowed to provide samples of medicines containing psychotropic or narcotic substances, nor of drugs that may create dependence or generate public health problems due to their inadequate use.
The National Ministry of Health sets forth that pharmaceutical companies may grant scholarships to HCPs through training courses, participation in congresses, symposiums and strictly scientific meetings. Requirements include:
CAEMe’s code of ethics provides that pharmaceutical companies are allowed to sponsor the attendance of HCPs at scientific meetings or congresses, provided that such sponsorship meets the following conditions:
Pharmaceutical companies must not pay any expenses related to persons accompanying the HCPs as guests.
Pharmaceutical companies are not allowed to organise or sponsor cultural, sports or other non-scientific events in relation to scientific conferences. Hospitality cannot include the sponsorship or organisation of entertainment or leisure activities.
As indicated in 9.1 Gifts to Healthcare Professionals, pharmaceutical companies are not allowed to grant, offer or promise, in their name and/or representation, any types of benefits of any nature to HCPs and/or persons related or close to them, such as bonuses, pecuniary advantages or benefits in kind.
See 8.2 Controls on the Provision by Pharmaceutical Companies of Benefits and/or Inducements to Healthcare Professionals regarding CAEMe’s code of ethics concerning permitted donations, grants or contributions to HCOs.
In Argentina, the grant of rebates or discounts to HCPs is expressly forbidden by Resolution No 627/2007 with respect to prescription-only medicines. This prohibits pharmaceutical companies from granting, offering or promising any types of incentives or benefits of any nature to HCPs and/or to persons related or close to them, such as bonuses, pecuniary advantages or benefits in kind.
See 8.1 Anti-bribery Legislation Applicable to Interactions Between Pharmaceutical Companies and Healthcare Professionals and 8.2 Controls on the Provision by Pharmaceutical Companies of Benefits and/or Inducements to Healthcare Professionals for the restrictions applicable to rebates or discounts directed towards HCOs.
Pharmaceutical companies are allowed to pay for services rendered by HCPs, provided certain conditions are met.
In this respect, CAEMe’s code of ethics establishes the permission to hire HCPs individually or in groups for the provision of advisory or consulting services (ie, lecturers or moderators at meetings, training activities, expert meetings, etc). Fees paid to the HCPs should be based on market criteria and related to the time devoted, the work performed and the responsibilities assumed. It is mandatory to conclude a written agreement covering the lawful provision of this kind of service, which needs to include a provision pursuant to which the HCPs commit to state that they provide services to the company whenever they make a public statement about an issue that is the subject matter of their agreement with the company.
Therefore, the payment of reasonable fees and the reimbursement of expenses related to the provision of the service, including travel, to moderators and speakers at these meetings, congresses, symposiums and events of a professional or scientific nature is acceptable.
The National Ministry of Health sets forth that pharmaceutical companies may grant scholarships to HCPs through training courses, participation in congresses, symposiums and strictly scientific meetings, provided that:
No other prior authorisation from a regulatory authority is required for these activities.
The Autonomous City of Buenos Aires is the only jurisdiction that has issued a regulation on transparency obligations applicable to pharmaceutical companies. Act No 5,709 of the Autonomous City of Buenos Aires, issued in 2017, sets forth that manufacturers, importers and distributors of medicines are obliged to inform the Ministry of Health of the City of Buenos Aires when they provide benefits or goods of pecuniary value to HCPs that have offices in or undertake their activities in the Autonomous City of Buenos Aires.
The following benefits or goods fall within the scope of this obligation:
The submitted information must contain at least the following data:
CAEMe’s code of ethics establishes that member companies should duly document, in accordance with their internal procedures, any transfer of value that they directly or indirectly make to health system actors. This includes but is not limited to:
Likewise, the duty of documentation covers all donations or contributions that member companies make, directly or indirectly, to actors of the healthcare system.
Foreign companies and companies that do not yet have products on the market are not subject to transparency regulations.
The responsibility for enforcing advertising and incentive rules lies with the national health authorities, in particular ANMAT, the National Ministry of Health, the provincial health authorities and the health authority of the Autonomous City of Buenos Aires. ANMAT is the enforcement authority in charge of monitoring compliance with the Medicines Act and of receiving complaints about respective infringements, under the terms of Decree 1490/92 and Decree 341/92.
CAEMe’s code of ethics is applied by its control committee and board of directors, which have the power to control and sanction members for infringements of the provisions of the code.
ANMAT has a specific programme established by Disposition No 2845/2011 for the “Monitoring and Control of Advertising and Promotion of Products Subject to Health Surveillance”, which allows any interested party to file complaints online about medicinal advertisements. Complaints can also be made via email or telephone.
In the case of complaints made to ANMAT by a third party, or when ANMAT detects non-compliance, the offender shall be notified by means of an injunction to cease the dissemination of the advertising and/or promotion involved. ANMAT will also include such injunctions on the institutional website with public access, without prejudice to any other actions that may be applicable.
It should also be noted that any advertising that violates the Fair Trade Decree can be denounced by any individual or legal person, public or private, before the Secretariat of Commerce.
A company affected by an infringing advertisement made by a competitor may also take legal action before the courts, for non-compliance with the Fair Trade Decree. The following actions may be initiated:
These actions may be brought by any individual or company participating in the market, whose economic interests are directly harmed or threatened by the prohibited advertisement. They may also be brought by:
In the case of a complaint by an affected party, the latter may initiate the above-mentioned procedure before the Secretariat of Commerce, or may choose to initiate legal action directly before the courts. However, if the affected party chooses to initiate the administrative procedure, the legal action will lapse once this has been initiated, except for the action for damages.
CAEMe’s code of ethics stipulates that member companies – without prejudice to the direct request for the allegedly infringing member company to cease the dissemination of the advertising and/or promotion involved – should raise before the compliance committee any complaints they may have against the promotional or health professional practices of other member companies in the first instance and prior to recourse to the courts or the health authorities, and abide by and comply with the mediation agreements reached and the content of the resolutions of the committee.
The Medicines Act provides for the following penalties:
In practice, the sanctions generally imposed are warnings and fines.
ANMAT will evaluate the sanction to be applied according to the seriousness of the offence and the particular background of the case and the offender. For this reason, if the rules on medicinal advertising or prescription inducement are not complied with, ANMAT could, ex officio or in the framework of a complaint, initiate an administrative procedure and eventually impose a penalty.
Decisions taken by regulatory bodies may be challenged through an administrative appeal and through judicial review. Where ANMAT initiates an administrative procedure for the application of the fine, it is mandatory to exhaust the administrative procedure prior to appealing the application of the fine before the courts.
CAEMe’s code of ethics regulates offences and sanctions according to the seriousness and background of the offender. It is thus established that sanctions will be suggested by the compliance committee to the board of directors, depending on the seriousness of the offence. Such sanctions may include:
CAEMe’s code of ethics states that, prior to raising the issue before the regulatory authorities or the courts, companies approaching CAEMe must first file their claims against the promotional practices of other companies before the bodies in charge of enforcing the code.
However, the regulatory authorities mentioned in 11.1 Pharmaceutical Advertising: Enforcement Bodies may investigate matters on their own initiative, even if the issue is already being considered or measures have been taken by CAEMe.
In 2023, ANMAT initiated a file against the laboratory Alef Medical Argentina Sociedad Anónima and its technical director, as a result of an article published in one of the most widely circulated newspapers, which presented the advantages of consuming a cannabis-derived medicine (this type of medicine is prescription-only).
Under ANMAT’s criteria, in addition to diffusing pharmaceutical innovations and/or novelties, the journalist’s note would be disseminating a covert or indirect advertisement of a medicine that, due to the fact that it can only be sold under a medical prescription, should not be directed to the general public through mass media such as a digital newspaper, since it would infringe the provisions of the legal framework, which provides that prescription-only medicines may be advertised exclusively to HCPs. The laboratory has not yet received an economic penalty.
In 2022, ANMAT initiated another file against Genomma Laboratories Argentina S.A., for alleged non-compliance with the legal framework regarding the advertising of medicines to the general public. The file corresponds to an advertisement for an over-the-counter medicine for the treatment of a vaginal infection. ANMAT concluded that the advertisement sought to encourage or cause a rejection of other medicines of the same category and therapeutic action, but with a different form of administration, which could provoke fear or distress to the general public, suggesting that their health will be affected if they do not use that particular medicine. Nevertheless, the laboratory has not yet received an economic penalty. In turn, the enforcement authority required the laboratory to amend the advertising to comply with the legal framework.
In a notable publicly known case from 2013, ANMAT decided to fine a pharmaceutical company for violating Section 19 (c) of the Medicines Act, which prohibits any form of advertisement of prescription-only medicines to the general public. The pharmaceutical company made an advertisement using a gigantography in which no brand of prescription medicines was incorporated, but the phrase “changing the future of diabetes”, among others, was included and signed by a famous polo player, as well as the company’s isologotype, telephone number and website address.
Although the advertisement did not mention a particular pharmaceutical company, ANMAT believed that the mentioning of the pathology and the company’s corporate name, telephone number and website induced the promotion of prescription-only medicines. Therefore, the enforcement authority fined the pharmaceutical company and its technical director for indirect advertising of prescription-only medicines.
In Argentina, there is a separate legal regime for advertising veterinary medicines. The enforcement authority is the National Service of Agri-Food Health and Quality (SENASA), which is responsible for regulating and controlling veterinary medicines.
Consequently, the regulation on veterinary medicines differs somewhat from the regulation on human medicines. SENASA Resolution 1642/2019 is the main regulation on veterinary medicines, which expressly allows for the advertising of veterinary medicines, as long as such medicines and their indications are duly registered with SENASA, and are not described or presented with labels or advertisements that:
In general, the advertising of veterinary medicines is subject to the same requirements and principles as human medicines, since the information provided to the general public must be certain, objective and real, and must not mislead or confuse the consumers.
Maipu 1300
Floor 11
C1006ACT
City of Buenos Aires
Argentina
+54 11 43189933
+54 11 43189999
fmartinez@allende.com www.Allende.comPharmaceutical Advertising in Argentina: an Introduction
The regulations on advertising medicines stipulate that only over-the-counter medicines can be advertised to the public, while prescription medicines can only be advertised to healthcare professionals (HCPs). Advertising for these products must comply with a series of general and specific guidelines. For instance, any advertisement must include the statement “read the prospectus carefully, and in case of any doubt, consult your physician and/or pharmacist” in a way that is visible and readable for consumers. The pharmaceutical company will be responsible for ensuring that the use of the name, attributes or messages related to the promoted products is appropriate, considering the characteristics of each advertisement (eg, print, broadcast, video).
The latest trends and developments in connection with pharmaceutical advertising in Argentina include:
On 21 December 2023, Argentina’s recently elected libertarian President issued the Decree of Necessity and Urgency No 70/2023 (the “Decree”), which, among many other reforms, declared a public emergency on health matters until 31 December 2025, and introduced various modifications to the Argentine legislation, including relevant reforms and deregulations in the health regulatory framework.
In this respect, the treatment of Decrees of Necessity and Urgency is regulated by Law No 26,122, which establishes that the Chief of Staff must submit the Decree for the consideration of the Permanent Bicameral Commission within ten days of its issuance. The Permanent Bicameral Commission has ten business days to issue an opinion on the validity of the Decree and send it to the plenary of both legislative chambers for its treatment. The Decree will only become ineffective if both chambers reject it. The Senate and the House of Representatives may only accept or reject the Decree; they may not introduce amendments, modifications or additions. At the time of writing, the Permanent Bicameral Commission has not yet issued its opinion on the validity of the Decree, so the Decree has been in force since 30 December 2023.
Electronic or digital prescription of medicines
One of the modifications introduced by the Decree is the elimination of handwritten medicine prescriptions. In Argentina, prior to the COVID-19 pandemic, authorised HCPs prescribed medicines solely through handwritten prescriptions. These prescriptions had to include the patient’s personal information and the medicine to be dispensed (specifying dosage, generic name and commercial name), along with the HCP’s information.
With the emergence of COVID-19, digital and electronic prescriptions were introduced to avoid population movement and promote the social distancing required by the World Health Organization. Digital and electronic prescriptions are both digital documents prepared and signed by an HCP through an allowed platform. The main difference is that digital prescriptions are signed by HCPs through a certified digital signature and electronic prescriptions are signed by means of electronic signature. The Civil and Commercial Code in Argentina recognises the principle of functional equivalence between the holographic signature and the digital signature. This principle does not apply to electronic signatures.
This practice had the support of the pharmaceutical and healthcare industry, which believed it led to better control of prescriptions, reduced medical errors, simplified the processes in healthcare centres, increased adherence to chronic treatments, optimised pharmacy management and capacities for the supervision and auditing of drug management, and reduced costs.
Given the general support for digital or electronic prescriptions, the Decree finally eliminated handwritten prescriptions.
Prescription of medicines by generic name
The Decree also introduced the prescription of medicines solely by their generic name, which was then modified by Decree 63/2024. This meant that medical prescriptions must indicate only the generic name of the medicine or international common denomination, followed by the pharmaceutical form and dose/unit, with details of the concentration level, without mentioning the brand and/or laboratory.
The purpose of this modification was to benefit the patient-consumers of these medicines, giving them the opportunity to choose when acquiring the medicines prescribed by their HCP. In other words, patients can choose from all commercial brands and laboratories, without being limited by the choices or preferences of HCPs, or by potential agreements between HCPs and laboratories. Prior to the Decree, pharmacies would only dispense the brand indicated in the prescription. In this way, patients can now purchase the medicine they need for their treatment without being obliged or tied to a specific brand, enabling them to make decisions based on their own economic capacity and/or affinity or trust in the laboratory, without being conditioned by the HCP's interests. Nevertheless, Decree No 63/2024 introduced the pharmacists’ obligation to substitute the medicine for a lower-priced specialty containing the same active ingredients, concentration, pharmaceutical form and similar number of units as prescribed, at a patient’s request, if the HCP had suggested a medicine’s trade name or trade mark on the medicine’s prescription.
Medicine prices in Argentina have significantly increased of late, so this amendment greatly benefits lower-income patients who can choose from different brands and/or laboratories based on their economic situation.
Sale of over-the-counter medicines
The Decree introduced several modifications to the sale of medicines, incorporating significant changes regarding the sale of over-the-counter drugs – ie, those that do not require a medical prescription.
Prior to the Decree, all medicines could only be sold and dispensed by authorised pharmacies, regardless of their category (over-the-counter or prescription-only). With the modification introduced by the Decree, over-the-counter medicines can now be sold outside pharmacies – eg, in supermarkets or kiosks, which must obtain the proper authorisation form the Enforcement Authority prior to the medicine’s sale.
Regarding this amendment, Decree 63/2024 introduced some aspects that must be taken into account, specifically that the only over-the-counter medicines that can be dispensed outside authorised pharmacies will be antacids and analgesics, which must be placed or displayed in a way that the public cannot access them directly, and must be handed over by an employee of the establishment, and only to individuals aged 18 or older.
The pharmaceutical and healthcare industry generally believes that this may bring certain benefits, but may also create other negative consequences. For instance, despite easing patients' access to over-the-counter medicines, it also raises the possibility of patients increasing indiscriminate consumption thereof, leading to self-medication. There may not be a filter, as there was before when pharmacists personally dispensed medicines after questioning or providing advice if necessary. The pharmaceutical industry in particular remarks that it is essential to note that all medicines, whether over-the-counter or prescription-only, have an impact on health. Even though the impact of over-the-counter medicines on health is less severe, their availability in supermarkets or shops might convey a perception of harmlessness, potentially leading to increased indiscriminate consumption, significantly affecting public health.
Commercialisation of over-the-counter medicines through the internet or digital intermediation platforms
In Argentina, there is an increasing trend of consumers acquiring products through the internet or digital intermediation platforms such as Rappi, Pedidos Ya, Glovo, Uber Eats, etc. Recently, one of these digital platforms entered into an agreement with an international laboratory to serve as an intermediary between consumer patients and pharmacies supplying medicines. Since the online sale of medicines is not yet expressly regulated, the use of digital intermediation platforms could potentially encourage uncontrolled medicine consumption, considering that the platform cannot determine whether the person requesting the product suffers from any pathology or addiction. One of the consequences of the new Decree is therefore allowing the commercialisation of over-the-counter medicines outside pharmacies.
In this respect, the platform’s terms and conditions state the following: “Under no circumstances should it be interpreted that any of the promotions offered by the Platform grant benefits on the purchase of over-the-counter and/or prescription medicines and/or tobacco-derived products. These products are excluded from any promotion published by the Platform within and outside the Platform, in accordance with current regulations.” It also states that, to purchase medicines, the patient or user must provide express consent, prohibiting the sale to under-aged patients.
Finally, the terms and conditions include the following disclaimer, which prevents any confusion or misunderstanding by the patient, aiming to comply with the requirements under the regulatory framework: “THE PLATFORM MERELY DISPLAYS OVER-THE-COUNTER MEDICINES THROUGH ITS PLATFORM AND INTERMEDIATES BETWEEN AUTHORISED PHARMACIES, CONSUMERS, AND DELIVERY PERSONS. THE PLATFORM DOES NOT DIRECTLY SELL AND/OR DELIVER MEDICINES. Read the prospectus carefully, and in case of any doubt, consult your physician and/or pharmacist. In case of adverse effects, it is recommended to discontinue the use of the product and seek the nearest health centre. All information contained on the Platform regarding medicines should not be taken as medical advice, diagnosis, and/or treatment. The content of the Platform in no way intends to provide an answer or solution to people's health problems. It also does not provide diagnoses, treatment, or ways to prescribe products for each particular case. Therefore, it is recommended that every consumer always be attended and treated directly by a healthcare professional. Under no circumstances should the information contained on the Platform be interpreted as advice, qualification, or buying or selling suggestion. The information you will find on the Platform does not replace professional consultation, and we publish it with the understanding that it will not be interpreted as medical and/or professional advice. All information provided needs to be carefully reviewed by you and your physician and/or dentist. The consultation of a doctor and/or dentist should not be discredited or delayed because of any information contained on the Platform.”
There is also a discussion about the possibility that these digital intermediation platforms may start delivering prescription medicines and/or even providing medical attention. The Private Activity Medical Association and the Argentine Medical Association expressed their strong discontent with this potential practice, as “the management of treatments must be under the exclusive supervision of pharmacists, and patients will be exposed to fraud since there will be no other medical entity confirming that the person who attended their home is indeed a medical professional”.
In this respect, the liability of digital or internet intermediaries for the advertisements included on their digital platforms is a matter of debate, since Argentina does not have a specific law. However, the Chamber of Appeals and the Supreme Court have broadly ruled on this topic, which has provided some guidelines. In Belen Rodriguez v Google, the Supreme Court ruled that internet intermediaries that merely display external content can be liable in exceptional cases, such as when they do not delete the content upon having knowledge of its unlawfulness, or when they do not comply with a judicial order to delete the content.
The Commercial Court of Appeals has also analysed the platform's role, in order to determine its liability in cases where the advertised good does not match the reality of the provision. In this sense, in Kosten v Mercado Libre, the Court deemed that platforms are not liable for the provider's actions if they have a passive role in the service provision (ie, if the platform has not played an active role that allows it to acquire knowledge or control of the stored data – it has been a mere channel, limited to providing a forum).
However, in Pergierycht v OLX the Supreme Court ruled that intermediaries could be considered liable even if the platform has had a passive role in the provision of the good or service, in case of omission or inadequate or unjustifiable late removal of an illegal advertisement, or the failure to adopt preventative measures to block them. This means that courts analyse the intermediary’s role and conduct to determine whether they have taken all the necessary precautions to remove advertisements that are deemed illegal as from the moment they became aware of such ads or whether they have been negligent.
In this respect, the National Administration of Medicines, Food and Medical Technology (ANMAT) has a surveillance programme in place, called “Monitoring and Control of Advertising and Promotion of Products Subject to Health Surveillance Programme” (the “Programme”), which aims to monitor and evaluate advertisements in the massive media and specialised media with respect to products that are subject to sanitary surveillance, like medicines. The Programme seeks to foster integration and interaction with other governmental agencies (both provincial and national), regulated sectors, NGOs and educational institutions, for the collaboration of advertising monitoring activities. It also strengthens the link with consumers, who will be able to access all regulatory information easily.
The Programme surveys advertisements and publications disseminated through the internet, with a particular focus on the most widely used marketing platform in Argentina: Mercado Libre. In 2020, the Programme surveyed around 68,000 advertisements promoting pharmaceutical products referring to COVID-19, and the number of monthly surveys doubled in the subsequent years, thanks to more strict controls,, leading to the removal of lots of advertisements that were promoting unregistered medicines, or that included sales bans and misleading advertising.
For this purpose, ANMAT has a collaboration agreement in place with Mercado Libre, to control the sale of medicines and other relevant health products through that virtual platform. The purpose of the agreement is to exchange information on the products regulated by ANMAT (medicines, medical devices, dietary supplements and cosmetics, among others) that are offered for sale on Mercado Libre’s platform. The agreement also includes the provision of certain technical and legal advice by ANMAT to Mercado Libre, and mutual collaboration for the detection of advertisements that may infringe the regulations. An email address is available for the delivery and processing of notifications and the removal of notices posted on Mercado Libre’s website that, as per ANMAT’s criteria, are infringing the legal framework.
Mercado Libre’s website expressly states: “If you have doubts about any product, first of all find out if it is legal to sell it. Basically, if the law does not allow it, neither do we. For example: pharmaceutical products, prescription medicines, endangered animals and many others.” As a result of this collaboration agreement, ANMAT and Mercado Libre have cancelled approximately 1,600 advertisements corresponding to illegitimate pharmaceutical products or that were considered misleading advertising.
Maipu 1300
Floor 11
C1006ACT
City of Buenos Aires
Argentina
+54 11 43189933
+54 11 43189999
fmartinez@allende.com www.Allende.com