Are you a therapeutic products developer? Or a therapeutic products user? In Germany, there are many rules that shall be taken into consideration before putting a therapeutic product on the markt. Let’s talk about advertising. How do you think that advertising should take place?
The Therapeutic Products Advertising Act (Heilmittelwerbegesetz, HWG), along with the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, UWG) and other professional regulations, forms the legal framework for the advertising of therapeutic products in the German health care system. It applies to manufacturers and suppliers of medicinal products and medical devices as well as service providers, including hospitals, pharmacies and – to a limited extent – physicians.
The Therapeutic Products Advertising Act is primarily intended to prevent from dangers that threaten the health of individuals and the health interests of the general public through improper self-medication, regardless of whether they actually occur in individual cases. The advertising bans of the Therapeutic Products Advertising Act are intended to prevent sick people from being misled by inappropriate advertising into making wrong decisions when using medicinal products.