Restrictions on drug advertising on the Internet
Pharmaceutical companies may only present their Internet advertising for prescription drugs to doctors and pharmacists in a password-protected area. A mere warning is not sufficient to keep laypersons away. This was decided by the Federal Supreme Court.
Pharmaceutical companies may only present their Internet advertising for prescription drugs to doctors and pharmacists in a password-protected area. A mere warning is not sufficient to keep laypersons away. This was decided by the Federal Supreme Court.
In Switzerland, prescription medicines may only be advertised to specialists. In order to enforce the ban on general advertising to the public on the Internet, the Swiss Agency for Therapeutic Products Swissmedic requested the pharmaceutical industry to password-protect such advertising on their websites. The Federal Administrative Court has now dismissed the appeals lodged against this by two affected companies. They had argued that warning notices should suffice to ensure the ban on advertising to the general public.
According to the judges in Bern, however, mere warnings do not constitute an effective access restriction. Internet content that can be accessed by simply clicking on a declaration of consent should rather be considered generally accessible. The decision can still be appealed to the Federal Supreme Court.
In Switzerland, prescription medicines may only be advertised to specialists. In order to enforce the ban on general advertising to the public on the Internet, the Swiss Agency for Therapeutic Products Swissmedic requested the pharmaceutical industry to password-protect such advertising on their websites. The Federal Administrative Court has now dismissed the appeals lodged against this by two affected companies. They had argued that warning notices should suffice to ensure the ban on advertising to the general public.
According to the judges in Bern, however, mere warnings do not constitute an effective access restriction. Internet content that can be accessed by simply clicking on a declaration of consent should rather be considered generally accessible. The decision can still be appealed to the Federal Supreme Court.
