The Ethical and Legal Evaluation of Pharmaceutical Products Advertising

• Published in: Journal of pharmaceutical sciences and research 2018-08, Vol.10 (8), p.1925-1928
• Main Authors: Krylova, O V, Litvinova, T M, Udovichenko, E V, Winter, E A
• Format: Article
• Language: English
• Subjects: Advertising; Consumers; Content analysis; Dietary supplements; Drug stores; Ethics; Law; Marketing; Pharmaceuticals; Pharmacy; Prescription drugs; Regulation
• ISSN: 0975-1459

[...]some chronic diseases can be an exception when it comes to choosing a drug. According to general requirements, advertising must be honest and true; it must provide accurate and verifiable information about the benefits of pharmaceuticals and their bad effects. [...]unfair advertising is advertising that contains a comparison of the advertised product with others in the marketplace manufactured by competitors; also, it can be the kind of advertising the object of which is prohibited from being advertised in that particular manner. According to the Federal law "On advertising" ? 38-FZ of 13.03.2006 chapter 3, article 24, the advertising of pharmaceutical products must not: 1) appeal to minors; 2) contain reference to an individual case of full recovery, improvement in one's health as a result of the treatment with the advertised object; 3) contain expression of gratitude to physical persons in relation to the advertised object; 4) form an idea about the advantages of the advertised object using the references to the clinical trials which are mandatory for obtaining of marketing authorization; 5) contain the statements or assumptions about the existence of any deceases of consumers; 6) encourage healthy people to feel the need for application of the advertised object; 7) form the feeling of unnecessariness of visiting a doctor; 8) guarantee a positive effect of the advertised object, its safety, effectiveness and lack of bad effects; 9) represent the advertised object as a dietary supplement or anything other than a pharmaceutical product; 10) contain the statements about the fact that safety and effectiveness of the advertised object are guaranteed by its natural origin; When defining the product promotion strategy (including pharmaceutical products) one should always take into account the risks associated with the opportunity of application of advertising legislation, as well as competition legislation. [...]we can highlight the following examples of the unfair promotional and PR activities according to the data of the Federal Anti-Monopoly Service of the Russian Federation [7]. According to some authors [11], the possibility of ethical violations in advertising is taken into account even before the development of the advertised product; responsibility for them lies with the advertiser; the measures to combat ethical violations are proactive.