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Keywords

pharmaceutical advertising, medicinal advertisement, social media advertising, prevention of false advertising, the advertising ordinance, supervision over advertising of medicinal products, patients' rights, IT law

Abstract

Advertising medicinal products en bloc generates a great deal of heated debate among professionals of various scientific orientations. In spite of this fact, on 2 July 2016, the Polish Minister of Health issued an ordinance summoning a special committee with the objective of preparing certain recommendations and references concerning, among others, advertising of medicinal products, dietary supplements and medical devices. The following article is structured so as to critically asses and analyze the legal framework governing the advertisement of medicinal products, with emphasis on their on-line advertisement. Particular significance is placed on: 1) the issue of pharmaceutical spam, including a discussion of the dangers it poses and the possible responses it can face, including those initiated by EU agencies (ENISA and EMA), and 2) the advertisement of medicinal products on social media (Web 2.0). The discussion provides an in-depth coverage of decisions issued by the Polish Chief Pharmacy Inspectorate (regulatory board; GIF) in relation to medicinal advertising (on-line) and features a brief summary of chosen foreign practices. The analysis also covers the issue of supervision over advertising medicinal products. In the course of the article, the author uses a formal-dogmatic assessment method, operated and supported by the legal theory of law in action, in order to close the article with conclusions and de lege ferenda postulates.

First Page

34

Last Page

53

Page Count

19

DOI

10.7172/2299-5749.IKAR.8.5.3

Publisher

University of Warsaw

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