Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Products that are either medicinal by function (the product contains one or more active medicinal ingredients) or medicinal by presentation (the product is presented as being able to treat or prevent disease or correct, restore or modify physiological functions) should not be advertised to the public unless the marketer holds a valid marketing authorisation for them and the claims in the marketing communication conforms to both the authorisation and the CAP Code. Marketers should refer to the Medicines and Healthcare products Regulatory Agency (MHRA) for advice.
Prescription-only medicines (POMs), for example, Viagra or Botox, may not be advertised to the public but may be advertised to the medical, dental, veterinary and allied professions (Rule 12.12). Several advertisers have been found to be advertising POMs to the public (Children's Immunisation Centre Ltd, 2 May 2007) and some have not even named the product in the ad (Belgravia Trichological Centre, 22 November 2006, and West of England Laser Centre, 4 August 2004). The ASA has considered that marketers can be guilty of indirectly advertising POMs if they describe a treatment or effects for which a POM must be used.
Marketers of prescription dispensing services may mention the names of the prescription-only medicines they dispense, as long as the ad essentially advertises the service and not the medicines. Those ads should not mention the attributes or functions of the medicines and marketers should not distribute POMs to consumers who do not have a prescription (Pharmacy2U Ltd, 10 October 2007).
Other medicinal products may be advertised if they have a marketing authorisation and claims are compatible with that authorisation and the Code. Marcoms may not include endorsements or testimonials from health professionals or celebrities. See ‘Medicines: General’ and ‘Medicines: Celebrities and Health Professionals’.
Products that are often wrongly advertised include: Viagra, Cialis, Levitra, Sildenafil, Botox (Botulinum Toxin, B-Tox, Botax), Dysport, Vistabel, Propecia, Minoxidil*, Finasteride, Xenical, Lignocaine*, Lidocaine*, Methadone, Avodart, Acomplia, and Orlistat*.
* Caution, in small doses these POMs can also be available as OTC Medicines. CAP recommends contacting their copy advice team before publication.
Manufacturers of prescription-only medicines may give general information to consumers about a disease but should neither directly or indirectly advertise the medicine nor discourage readers from seeking essential treatment or medical attention (Rule 12.2). Acceptable disease awareness campaigns (DACs) by manufacturers might take the form of identifying clearly either the symptoms or those at risk from a disease. For example, “if you fit into ‘x’ category and suffer from ‘y’ symptoms, you might be at risk from ‘z’ condition. A range of treatments are available from your GP. Find out more by calling our freephone number”.
DACs should ideally raise awareness of the disease and provide health educational information without stimulating demand for a product. The emphasis of the material should be on the condition and its recognition, not on the treatment options. Marketers of DACs for which only one treatment, or very few treatments, for the condition described is available should take extra care not to indirectly advertise medicines.
Marketers should ensure that even disease-awareness campaigns do not alarm or distress readers (rules 4.2 and 12.14). Marketing communications should not cause fear or distress without good reason and the fear likely to be aroused should not be disproportionate to the risk (Children's Immunisation Centre Ltd, 2 May 2007).
Direct-to-consumer advertising is the term given to the advertising of prescription-only medicines direct to the public. As already stated, it is illegal in the UK.
For further information, contact the MHRA.
Last modified : 31 January 2012