- Latest available (Revised)
- Point in Time (06/11/2020)
- Original (As made)
Version Superseded: 31/12/2020
Point in time view as at 06/11/2020.
There are currently no known outstanding effects for the The Human Medicines Regulations 2012, Cross Heading: Advertising to the public.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
282. Regulations 283 (products for the purpose of inducing abortions) to 292 (exception for approved vaccination campaigns) apply to advertisements wholly or mainly directed at members of the public
283. A person may not publish an advertisement that is likely to lead to the use of a medicinal product for the purpose of inducing an abortion.
284.—(1) A person may not publish an advertisement that is likely to lead to the use of a prescription only medicine.
(2) This regulation is subject to [F1regulation 291A (campaigns relating to the suspected or confirmed spread of pathogenic agents etc.) and] regulation 292 (exception for approved vaccination campaigns).
Textual Amendments
F1Words in reg. 284(2) inserted (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.I. 2020/1125), regs. 1(2), 20 and words in reg. 284(2) inserted (N.I.) (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.R. 2020/349), regs. 1(2), 20
285.—(1) A person may not publish an advertisement relating to a medicinal product that—
(a)contains a substance which is listed in any of Schedules I, II or IV to the Narcotic Drugs Convention (where the product is not a preparation listed in Schedule III to that Convention); or
(b)contains a substance which is listed in any of Schedules I to IV to the Psychotropic Substances Convention (where the product is not a preparation which may be exempted from measures of control in accordance with paragraphs 2 and 3 of article 3 of that Convention).
(2) This regulation is subject to [F2regulation 291A (campaigns relating to the suspected or confirmed spread of pathogenic agents etc.) and] regulation 292 (exception for approved vaccination campaigns).
Textual Amendments
F2Words in reg. 285(2) inserted (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.I. 2020/1125), regs. 1(2), 21 and words in reg. 285(2) inserted (N.I.) (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.R. 2020/349), regs. 1(2), 21
286.—(1) A person may not publish an advertisement relating to a medicinal product that states, or implies, that a medical consultation or surgical operation is unnecessary.
(2) A person may not, in particular, publish an advertisement relating to a medicinal product that offers to provide a diagnosis or suggest a treatment by post or by means of an electronic communications network within the meaning of the Communications Act 2003.
(3) A person may not publish an advertisement relating to a medicinal product that might, by a description or detailed representation of a case history, lead to erroneous self-diagnosis.
287.—(1) A person may not publish an advertisement relating to a medicinal product that suggests that the effects of taking the medicinal product—
(a)are guaranteed;
(b)are better than or equivalent to those of another identifiable treatment or medicinal product; or
(c)are not accompanied by any adverse reaction.
(2) A person may not publish an advertisement relating to a medicinal product that uses in terms that are misleading or likely to cause alarm pictorial representations of—
(a)changes in the human body caused by disease or injury; or
(b)the action of the medicinal product on the human body.
(3) A person may not publish an advertisement relating to a medicinal product that refers in terms that are misleading or likely to cause alarm to claims of recovery.
(4) A person may not publish an advertisement relating to a medicinal product that suggests that—
(a)the health of a person who is not suffering from any disease or injury could be enhanced by taking the medicinal product; or
(b)the health of a person could be affected by not taking the medicinal product.
(5) Paragraph (4)(b) is subject to [F3regulation 291A (campaigns relating to the suspected or confirmed spread of pathogenic agents etc.) and] regulation 292 (exception for approved vaccination campaigns).
Textual Amendments
F3Words in reg. 287(5) inserted (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.I. 2020/1125), regs. 1(2), 22 and words in reg. 287(5) inserted (N.I.) (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.R. 2020/349), regs. 1(2), 22
288. A person may not publish an advertisement relating to a medicinal product that suggests that—
(a)it is a foodstuff, cosmetic or other consumer product that is not a medicinal product; or
(b)its safety or efficacy is due to the fact that it is natural.
289. A person may not publish an advertisement relating to a medicinal product that refers to a recommendation by—
(a)scientists;
(b)health care professionals; or
(c)persons who because of their celebrity could encourage use of the medicinal product.
290. A person may not publish an advertisement relating to a medicinal product that contains any material that is directed principally at children.
291.—(1) A person may not publish an advertisement relating to a medicinal product unless it is presented so that—
(a)it is clear that it is an advertisement; and
(b)the product is clearly identified as a medicinal product.
(2) A person may not publish an advertisement relating to a medicinal product unless it includes—
(a)the name of the medicinal product;
(b)if the medicinal product contains only one active ingredient, the common name of the active ingredient;
(c)the information necessary for the correct use of the medicinal product; and
(d)an express and clear invitation to read carefully the instructions on the package or in the package leaflet (as the case may be).
(3) This regulation is subject to regulation 296 (exception for advertisements intended as a reminder).
(4) Paragraph (2) is subject to regulation 301 (advertisements for registered homoeopathic medicinal products).
[F4(5) Paragraph (2)(d) is subject to regulation 291A (campaigns relating to the suspected or confirmed spread of pathogenic agents etc.).]
Textual Amendments
F4Reg. 291(5) inserted (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.I. 2020/1125), regs. 1(2), 23 and reg. 291(5) inserted (N.I.) (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.R. 2020/349), regs. 1(2), 23
291A.—(1) Regulations 284 (prescription only medicines), 285 (narcotic and psychotropic substances), 287(4)(b) (material about effects of a medicinal product) and 291(2)(d) (form and content of advertisement) do not apply to an advertisement as part of a campaign that—
(a)relates to the use of a medicinal product in response to the suspected or confirmed spread of—
(i)pathogenic agents,
(ii)toxins,
(iii)chemical agents, or
(iv)nuclear radiation; and
(b)has been approved by the Ministers.
(2) Before approving a campaign that relates to—
(a)all or any area of Scotland, the Ministers must consult the Scottish Ministers;
(b)all or any areas of Wales, the Ministers must consult the Welsh Ministers.]
Textual Amendments
F5Reg. 291A inserted (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.I. 2020/1125), regs. 1(2), 24 and reg. 291A inserted (N.I.) (6.11.2020) by The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (S.R. 2020/349), regs. 1(2), 24
292. Regulations 284 (prescription only medicines), 285 (narcotic and psychotropic substances) and 287(4)(b) (material about effects of medicinal products) do not apply to an advertisement as part of a vaccination campaign that—
(a)relates to a medicinal product that is a vaccine or serum; and
(b)has been approved by the Ministers.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: