The Parliament of Ukraine is currently examining the draft legislation“Concerning the Amendments of Certain Legislation Acts of Ukraine (relating to the prohibition of medicinal product advertisement)”, registered on the 07.10.2015.
The said legislation proposes the prohibition on the advertisement of all medicinal products, excluding that which is placed in specialized publications intended for medical institutions and doctors, and is distributed at seminars, conferences and symposia concerning medical topics.
It is to be noted that under the current legislation, the prohibition on the advertisement of medicinal products concerns only prescription drugs and those included in the list of drugs which are forbidden to advertise.
However, according to the initiators of the draft legislation, the growing tendency towards self-therapy by citizens should encourage legislators to adopt more radical measures, specifically the general ban on advertisement of medicinal products.
In spite of the proposed legal innovations, the advertisement of medical technology, prevention methods, diagnostics, therapy and rehabilitation, which in this order are approved for use in Ukraine by the Ministry of Health or the use of which does not require specialized knowledge and training should remain permitted.
Apart from this, the abovementioned legislation provides for the monitoring of compliance with Ukraine’s legislation concerning the advertisement of medicinal products, medical technology, prevention methods, diagnostics, therapy and rehabilitation by the Ministry of Health of Ukraine, within the framework of its competency.
It is to be noted that the legality of advertising over the counter (OTC) drugs is expressly provided for in the European Parliament and Council E.U Directive 2001/83/EC dating from 06.11.2001. “On the Community Code Relating to Medicinal Products for Human Use” and is permitted in accordance to the national legislation of most E.U countries.
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