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The Medicines (Labelling and Advertising to the Public) Regulations 1978
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- UK Statutory Instruments
- 1978 No. 41
- Regulation 5
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Prohibition of representations
5.—(1) Subject to the following provisions of these regulations no representation shall be made by a commercially interested party which is likely to lead to the use of a medicinal product or other substance or article to which regulation 2 of these regulations applies for a purpose specified in regulation 2, or a medicinal product to which regulation 4 of these regulations applies for a purpose specified in regulation 4, if the representation—
(a)is made in connection with the sale or supply, or offer for sale or supply, of a medicinal product or other substance or article to which regulation 2 applies, or a medicinal product to which regulation 4 applies, or
(b)is made to any person for the purpose of inducing him to purchase a medicinal product or other substance or article to which regulation 2 applies or a medicinal product to which regulation 4 applies from a person selling by retail medicinal products or other substances or articles to which regulation 2 or regulation 4 applies, or
(c)in the case of medicinal products to which regulation 2 or regulation 4 applies, is made to the patient of a doctor or dentist for the purpose of inducing him to request the doctor or dentist to prescribe medicinal products of that description.
(2) The prohibition imposed by sub-paragraph (a) or sub-paragraph (b) of paragraph (1) above does not apply to any representation—
(a)which is made by a pharmacist in relation to the sale or supply of a medicinal product where—
(i)the pharmacist dispenses the medicinal product in accordance with a prescription given by a doctor or dentist; or
(ii)the pharmacist is requested by or on behalf of a person to sell or supply the medicinal product in accordance with the pharmacist's own judgment as to the treatment required; or
(b)which is made by a chiropodist registered by the Chiropodists Board under the Professions Supplementary to Medicine Act 1960 to a person who is a patient of his in relation to a medicinal product for the purpose of treatment by being administered to the surface of the foot; or
(c)which is made to a patient in relation to a medicinal product by a registered nurse or a certified midwife.
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