LSHC Horizons Brochure 2024 - Flipbook - Page 71
Hogan Lovells | 2024 Life Sciences and Health Care Horizons | Cross-jurisdictional
71
Navigating the digital age: A comparative approach
to pharmaceutical advertising on social media (continued)
In Germany, advertising – whether
intentional or not – of a pharmaceutical
company or third parties by use of social
media is not specifically regulated but falls, as
any other pharmaceutical advertising, within
the application of the German Healthcare
Advertising Act (Heilmittelwerbegesetz, HWG)
and the general rules of the German Unfair
Competition Act (Gesetz gegen den Unlauteren
Wettbewerb, HWG). While some provisions
of those acts also apply to other forms of
advertisement, the ban on advertisements
involving influencers and other celebrities and
the prohibition of disguised advertisements
is particularly important in the social
media context.
In Belgium, there are no specific rules
regulating the promotion of medicinal
products on social media. The general rules for
advertising of medicinal products, as provided
in Article 9 of the Belgian Law of 25 March
1964 on medicinal products for human use
and the Royal Decree of 7 April 1995 regarding
information and advertising of medicinal
products for human use, apply. In addition,
the Federal Agency for Medicines and Health
Products (FAMHP) provides key guidance
on its website, outlining the mandatory
information that must be included in online
advertising. In Belgium, only non-prescription
medicinal products may be advertised to the
public. Advertisements broadcast by other
media than radio and television, must be
notified to the FAMHP at least 30 days before
they are broadcast.
Dr. Jörg Schickert
Partner
Munich
Fabien Roy
Partner
Brussels
Dr. Karolin Hiller
Counsel
Munich, Berlin
Hélène Boland
Senior Associate
Brussels
In Spain, there are no specific rules regulating
the advertising of medicinal products on
digital and social media – the general rules for
advertising of medicinal products apply. In
addition, various authorities have published
guidelines on the advertising of medicinal
products in digital and social media that should
be reviewed before launching an advertising
or information campaign. In general terms,
digital and social media could be used for (1)
institutional advertising, (2) projecting the
company’s image, (3) providing health-related
links or information, or (iv) in some cases,
advertising and/or information on prescription
medicinal products in restricted environments.
Conversely, digital and social media should not
be used for (1) advertising and/or information
on prescription medicinal products in nonrestricted environments, (2) providing
information on treatments of prescription
medicinal products, (3) publishing content
that may create unnecessary social alarm, or
(4) adding the ‘link’ icons on websites where
advertising and/or information on prescription
medicinal products aimed at health care
professionals (HCPs) is displayed.
Álvaro Abad
Senior Associate
Madrid
