Advertising and Promotion of Medicines in Ukraine

The world of modern medicine is experiencing constant growth and development, and along with it the role and importance of medicines is growing. Every year new opportunities for treatment and improving quality of life open up, thanks to which patients have a wider choice of medicinal products. However, in this dynamic environment, advertising and promotion of medicines play an extremely important role.

Advertising of medicines is a complex and responsible process that requires a balance between information about the benefits of the drug for the patient and the need to ensure its safety and proper use. If you need advice from trusted legal professionals, contact Dextra Law and we will help resolve all issues related to advertising and promotion of medicines in Ukraine and abroad.

What laws regulate advertising of medicines

In Ukraine, advertising of medicines is regulated by a number of legislative acts and regulations that establish rules for its conduct and requirements for the content of promotional materials:

• Law of Ukraine “On Medicinal Products”. Sets out the general principles for the registration, manufacture, distribution and advertising of medicinal products. It defines the responsibilities of manufacturers, distributors and advertisers.
• Resolution of the Cabinet of Ministers of Ukraine No. 419 “On Approval of the Rules for Advertising of Medicinal Products”. Defines the details of regulating the advertising of medicinal products, including requirements for the content and form of promotional materials.
• Decision of the State Service of Ukraine on Medicinal Products and Drug Control. The document is responsible for the registration of medicinal products in Ukraine and control over their advertising.
• Law of Ukraine “On Advertising”. Regulates advertising, including advertising for medicinal products, and sets out general principles and restrictions regarding advertising.

What types of medicines are prohibited from advertising

Restrictions on the advertising of medicinal products ensure consumer safety and awareness, as well as prevent self-medication or use of drugs without the necessary medical supervision. The following categories of medicinal products may be prohibited from advertising:

• Prescription drugs. This applies, for example, to potent antibiotics or narcotic medicinal products.
• Medicinal products containing narcotic substances.
• Unregistered or unauthorized medicinal products. Before being allowed on the market, drugs must meet quality and safety standards.
• Drugs for use in pediatric or women’s gynecology.
• Sometimes medicinal products may be prohibited or restricted from advertising due to temporary reasons such as identified side effects or other potential risks requiring further investigation.

Comparative advertising in pharmacy

Comparative advertising of medicinal products in Ukraine is a complex and tightly regulated area. The Ukrainian legislative framework requires any advertising of medicinal products to be registered and authorized by the relevant authorities, in particular the State Service of Ukraine for Medicinal Products and Drug Control.

All claims and comparisons contained in advertising must be based on scientific evidence and research. Advertisers must provide detailed data to support their claims. Advertising must be objective and truthful. It should not contain inaccurate information or discredit competing products in an unworthy manner. Ukrainian legislation may prohibit comparative advertising of certain categories of medicinal products, in particular those requiring prescription or containing narcotic substances.

You can learn more useful information and expand your knowledge in this area thanks to the article on our website

Labeling

In pharmacy, labeling plays an important role in ensuring quality, safety and awareness of medicinal products. The information provided by the label:

• product identification;
• instructions and warnings;
• shelf life and storage;
• manufacturer, batch information;
• QR codes or other codes allowing consumers to obtain additional information about the medicinal product and verify its authenticity;
• logos and certification.

You can get more information on this issue from the article “Labeling of Medicinal Products and Medical Devices”

Advertising or information about a medicinal product. What’s the difference

Advertising and information about a medicinal product are two different approaches to disseminating product information. The main difference between them:

• Advertising aims to increase sales or popularity of a medicinal product, usually through marketing techniques that stimulate demand for the product. Advertising can use various methods, including appealing to emotions, creating a product image, and even comparing with competing products.
• Informing provides objective, useful information about the medicinal product to consumers and healthcare professionals. This may include instructions for use, dosage, side effects, interactions with other drugs, as well as other scientific and medical information.

Unfair practices in advertising medicines – what is included

Unfair practices in advertising medicines include a variety of violations and shortcomings that can relate to both the advertising itself and the content or methods of promoting medicinal products.

Examples of unfair practices in advertising medicines:

• Misinformation about the efficacy or safety of a medicinal product.
• Concealing side effects, which can endanger consumers.
• Improper use of advertising techniques such as emotional appeal or false imagery.
• Violation of regulatory requirements, for example, such as the lack of permission to advertise for a certain type of medicinal product or the use of prohibited words or images.
• False advertising of treatment or results not supported by medical evidence.