The Human Medicines Regulations 2012

Advertisements relating to medicinal products

7.—(1) In these regulations “advertisement”, in relation to a medicinal product, includes anything designed to promote the prescription, supply, sale or use of that product.

(2) This includes, in particular, the following activities—

(a) door-to-door canvassing;

(b) visits by medical sales representatives to persons qualified to prescribe or supply medicinal products;

(c) the supply of samples;

(d) the provision of inducements to prescribe or supply medicinal products by the gift, offer or promise of any benefit or bonus, whether in money or in kind, except where the intrinsic value of such inducements is minimal;

(e) the sponsorship of promotional meetings attended by persons qualified to prescribe or supply medicinal products; and

(f) the sponsorship of scientific congresses attended by persons qualified to prescribe or supply medicinal products, including the payment of their travelling and accommodation expenses in that connection.

(3) But references in these Regulations to an “advertisement” do not include any of the following—

(a) a medicinal product’s package or package leaflet;

(b) reference material and announcements of a factual and informative nature, including—

(i) material relating to changes to a medicinal product’s package or package leaflet,

(ii) adverse reaction warnings,

(iii) trade catalogues, and

(iv) price lists,

provided that no product claim is made; or

(c) correspondence, which may be accompanied by material of a non-promotional nature, answering a specific question about a medicinal product.

(d) In this regulation “person qualified to prescribe or supply medicinal products” has the meaning given in regulation 277(1) (interpretation: Part 14 advertising).