On March 10th, 2017, the Verkhovna Rada of Ukraine registered the draft law on amendments to article 21 of the Law of Ukraine "On Advertising", which proposes to amend the rules for advertising certain categories of goods. In particular, changes are aimed at stopping numerous abuses during the advertising of goods not related to medicinal products, medical products and methods of prevention, diagnostic, treatment and rehabilitation, including advertising of dietary supplements, food for special dietary consumption and functional foods.
The draft prohibits the use of contact numbers in the advertising of the said goods, as well as in printed publications and during the broadcast of information and information and analytical programs on medical topics. Note that consumers were asked to call on such numbers for more detailed information about the products mentioned in the advertisement.
The reason for such an initiative is the actions of unscrupulous sellers who pretend to be representatives of medical institutions and researchers, and promote their products among consumers as medicinal products, informing them about the medicinal properties of such products, and also offer compensation for ineffective treatment.
The draft allows communicating a contact phone number in printed media and during medical programs if the customer of the advertisement is a medical institution or a person engaged in medical practice.
We draw your attention to the fact that such restrictions are correlated with the general prohibition to refer to the therapeutic effect when advertising products not related to medicines or medical products, which is proclaimed in the current version of the Law of Ukraine "On Advertising". However, the fact than the draft allows for providing contact phones for advertising customers healthcare institutions and private doctors somewhat negates the expected positive effect, since it does not completely eliminate the risks of improper promotion of goods as medicines on the market.
For additional information regarding this material, please contact Andrii Gorbatenko, the head of advertising and promotion practice, associated partner, or Zoia Zamikhovska, associate.
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