Federal court prohibits advertising by GlaxoSmithKline
The British pharmaceutical company GlaxoSmithKline engaged in unauthorized drug advertising in its online article «Migraine & Sports.» The Federal Supreme Court has upheld the ban imposed by the Swiss Agency for Therapeutic Products (Swissmedic).
The British pharmaceutical company GlaxoSmithKline has engaged in inadmissible drug advertising in its Internet article "Migraine & Sport". The Federal Supreme Court has upheld the ban by Swissmedic, the Swiss Agency for Therapeutic Products. In 2005, GlaxoSmithKline published two articles on its website Migraene.ch with the titles "Migraine on vacation" and "Migraine & sport". Both refer to the treatment option with triptans. The pharmaceutical company markets two medicines for migraine in Switzerland that contain triptans as active ingredients.
In 2006, Swissmedic prohibited further publication of the texts. GlaxoSmithKline took the matter to the Federal Court, which has now dismissed the appeal.
According to the Lausanne judges, the article in question exceeded the limit of permissible information. The text contained only one sentence on triptans and also referred to other treatment options. However, triptans were brought to the fore by recommending them as a last resort for migraine attacks if normal painkillers were not sufficient.
Finally, the text contained the company's logo, which created a link to its product range for the average reader. The view that the advertising character predominated was overall strict, but not contrary to federal law.
A year ago, the Federal Court had already confirmed that the pharmaceutical company Pfizer had engaged in inadmissible advertising for drugs with its brochure "Headache or Migraine? - A Guide" (see
).
In 2006, Swissmedic prohibited further publication of the texts. GlaxoSmithKline took the matter to the Federal Court, which has now dismissed the appeal.
According to the Lausanne judges, the article in question exceeded the limit of permissible information. The text contained only one sentence on triptans and also referred to other treatment options. However, triptans were brought to the fore by recommending them as a last resort for migraine attacks if normal painkillers were not sufficient.
Finally, the text contained the company's logo, which created a link to its product range for the average reader. The view that the advertising character predominated was overall strict, but not contrary to federal law.
A year ago, the Federal Court had already confirmed that the pharmaceutical company Pfizer had engaged in inadmissible advertising for drugs with its brochure "Headache or Migraine? - A Guide" (see
).
