According to Ministerial Decision 32221/2013, the concept of advertising/promotion of medicinal products is quite broad, so as to include any activity a pharmaceutical company carries out to promote the prescribing, supply, sale or consumption of medicinal products.
However, the compliance officers and legal advisors of pharmaceutical companies are used to arguing with the marketing departments as to whether an action is an advertisement or ordinary information, and the arguments put forward by both parties are quite sound most times.
Typical cases that create doubts are press releases, media articles and interviews given by doctors and company executives.
The limits between providing ordinary information and advertising are not always clearly distinguished, and one must take many criteria into account.
If a company issues a statement to the general public about a prescribed drug and this statement is deemed to be advertising and not just ordinary information, then it is at risk of being fined or even have legal actions brought against it by its competitors.
The European Court of Justice, but also the Greek courts have dealt with such issues on many occasions. Our firm’s lawyers who specialise in pharmaceutical law can offer you advice, either as a precaution or before the National Organization for Medicines (EOF) and the courts if an action of yours is beyond the strict limits of information and constitutes an advertising action.
The following key criteria must be taken into account:
- the purpose of the statement, i.e. whether its aim was to boost sales or not
- the capacity of the person making the statement
iii. the potential result of the statement in terms of the decision to buy the medicinal product
- the type of information
- the recipients of the statement and the medium it appeared in
With its vast experience in pharmaceutical law, commercial law and compliance, the Stefanos Economou & Associates Law Firm is able to meet all the needs of pharmaceutical companies, pharmaceutical warehouses and medical equipment companies for legal services, either as an advisor or before the courts and authorities.