ENDO Advertising

Introduction to Pharmacy Law and Ethics

  • Focus: Advertising and Promotion of Medicines and Services

  • Presented by: Louise Wilson MRPharmS

Lecture Objectives

  • Understand the concepts of advertising and promotion of medicines and services

  • Familiarize with the regulatory and professional frameworks for advertising

  • Analyze examples of pharmacy advertising rules violations

Definition of Advertising

  • Advertising: Any information that influences the decision to purchase a medicine or service

  • Methods of Advertising: Consider various methods that may be used in advertising medicines (e.g., print, digital media, television)

Control of Medicines Advertising

  1. Statutory Regulation:

    • Governed by laws such as the Medicines Act (1968), HMRs (2012), and Trade Descriptions Act (1968)

    • Regulatory bodies include MHRA (Medicines and Healthcare products Regulatory Agency) and ASA (Advertising Standards Authority)

  2. Self-Regulatory Mechanisms:

    • Codes of practice set by organizations like

      • ABPI (Association of the British Pharmaceutical Industry) for prescription medicines

      • PAGB (Proprietary Association of Great Britain) for non-prescription medicines

  3. Pharmacy Professional Standards:

    • Adherence to standards set by GPhC (General Pharmaceutical Council)

  4. Restricting Inducements:

    • Prohibition on incentivizing prescriptions or purchases through inducements

MHRA Blue Guide Principles

  • Advertising for medicinal products requires valid marketing authorization (MA)

  • Key Principles of Advertising:

    • Compliance with SPC (Summary of Product Characteristics)

    • Promotion of rational use of the product

    • Avoidance of misleading information

  • Prohibition: Direct public advertising of Prescription-Only Medicines (POMs) is not allowed

PAGB Consumer Code for Non-Rx Medicines

  1. General Principles of advertising

  2. Guidelines on misleading advertising

  3. Specific rules for advertising during pregnancy

  4. Claims regarding natural and herbal products

  5. Regulations on flavor claims

  6. Rules for combined advertisements of medicines and non-medicines

  7. Guidelines for comparative advertising

  8. Guidelines for endorsements by health professionals and celebrities

  9. Specific regulations for advertisements targeting children

  10. Rules regarding testimonials

  11. Guidelines for internet advertising

  12. Promotions and sponsorship rules

  13. Essential information requirements in consumer advertising

Pharmacy Professional Standards (GPhC)

  • Standard 1: Provide person-centred care

  • Standard 3: Communicate effectively

  • Standard 5: Use professional judgement

  • Further Resource: RPS Practice Guide available on the RPS website

MHRA Advertising Investigations

  • Investigations into breaches of advertising regulations by pharmacies

Examples of Advertising Violations

  • Online Pharmacy Advertising:

    • Advertisement of Ozempic for weight loss on a website in 2023

  • Website Promotion:

    • Claims for Solpadeine in 2019 about it being clinically proven to restore well-being

  • Television Advertisement:

    • Claims for Nurofen Express stating faster action compared to standard paracetamol in 2019

  • ICS Advertising:

    • Botox advertising claims about cosmetic benefits

  • Promotion at Conferences:

    • Promotional messaging of Diltiazem cream to health professionals

Summary

  • Pharmacists must adhere to advertising laws to ensure legal compliance and professional standards

  • Awareness of misleading or false advertising claims is crucial, as violations can be more prevalent than assumed!

Further Resources

  • Reference: Dale & Appelbe 12th ed. Chapter 17 – Human medicines: advertising