Rules for advertising medicines relaxed

The relaxation will apply from the beginning of 2017, as can be seen from the newsletter of the Swiss Agency for Therapeutic Products Swissmedic. This means that only painkillers, sleeping pills, tranquillizers, laxatives and appetite suppressants will have to be submitted to inspectors before being advertised on the radio, television or in cinemas. There is a risk of addiction with these medicines: medicines for which a potential for abuse or dependence is listed in the medicinal product information must still be submitted to Swissmedic for a preliminary check, according to a statement to the SDA news agency.

Preliminary examination with disciplinary effect

As a result, pharmaceutical manufacturers no longer have to show Swissmedic advertising spots for medicines that are sold over the counter in pharmacies after a brief consultation. These are products such as cough syrups, sore throat lozenges, nose and ear drops, remedies for nausea and vomiting or gels for sports injuries or bee stings. For Sara Stalder, Director of the Foundation for Consumer Protection (SKS), it is questionable that Swissmedic has softened its own practice. "There is a risk that false promises will increasingly be made in drug advertising," said Stalder on request. The preliminary review by Swissmedic has a "disciplinary effect". Although Swissmedic can intervene in the event of misuse, "by the time the dispute has been settled in the background and the advertising officially stopped, the pharmaceutical company has long since replaced it with a new one and the old one has already had its effect", said Stalder. If the boundary to unfair competition has even been crossed, consumers can also take action against false promises with the Fair Trading Commission. "But by the time the Commission deals with the case, the advertising has already spread its false message." The Fairness Commission is a self-regulatory body for the communications industry. It can only make recommendations, but cannot impose penalties.

More personal responsibility

Swissmedic currently reviews around 50 advertisements for radio, television and cinema each year. The change in practice is a step towards greater personal responsibility for manufacturers. This also applies to the question of whether a medicine has to be submitted for review at all. "It is the responsibility of the originator of the advertising to check whether or not there is an obligation for a preliminary review," writes Swissmedic. Medicines that are only available on prescription may not be advertised in Switzerland. However, all others are. For advertising on the internet, in newspapers, magazines, on posters and electronic billboards, the relaxed practice has been in place since the beginning of 2014.

Internet went first

The reason for the change in practice was a ruling by the Federal Administrative Court in 2013, which forced Swissmedic to relax its policy. Now the Agency for Therapeutic Products itself has gone over the books, because it found that many patients obtain information about medicines primarily on the internet, unless they go to the doctor or pharmacy. A preliminary check in the electronic media (radio, television and cinema) "no longer corresponds to today's social media use", Swissmedic explains the relaxation in its newsletter. SKS Managing Director Stalder "understands" this reasoning, but would prefer the opposite conclusion to be drawn instead of a relaxation - especially in the case of medicines with their risks and side effects. "Drug advertising on the Internet must be regulated to protect consumers," Stalder demands. This is easily possible with online advertising that is placed in Switzerland. (SDA)