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The Antimonopoly Committee of Ukraine has provided explanatory notes on the content of advertising of medicines

The indications and properties of the medicinal product must be correctly stated in the advertising message and correspond to the information specified in the instructions for use of the medicinal product.

This is stated in the recommendations of the Committee on the application of the provisions of Article 15-1 of the Law of Ukraine “On Protection against Unfair Competition”, according to which providing information which may mislead and provide an indefinite circle of persons with false information about the properties that medicinal product do not have and which may affect which the intentions of consumers to purchase them.

The accompanying explanatory note of the AMCU highlights the Committee’s approaches to identifying claims in advertising medicinal products that require special attention and/or confirmation.

The Committee considers it illegal to disseminate in advertising information about certain characteristics of a medicinal product that are not properly confirmed, but may affect the intention of consumers to purchase the relevant medicinal products, in particular:

  • emphasis on unconfirmed quick action (for example, “fast”, “immediately”, “in 15 minutes”, etc.);
  • exaggeration of the properties of the medicinal product (“best”, “largest” and similar in content), in the absence of confirmed facts that can, under certain conditions, create a comparison effect and, accordingly, provide undue competitive advantages to individual entities;
  • indication of exaggerated or not properly confirmed information about the pharmacological properties of the drug and the peculiarities of its use, including in combination therapy;
  • uncertain and vague characteristics of the quality of the drug and its price (“high quality”, “reasonable price”, etc.);
  • not properly confirmed the leadership of the drug (“№ 1 in the world”, etc.).

Therefore, when creating or ordering advertising for medicinal products, the Committee recommends analyzing its content for the allegations listed in the explanations and avoiding their use in the absence of proper confirmation.

Clarifications were provided in order to further advocate for competition, prevent violations of the law on protection against unfair competition, predictability of the Committee’s actions in assessing the advertising of medicines, as well as the results of a round table on March 12, 2021, with pharmaceutical market participants.

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