Clause 14

14

Clauses 6 and 18 may also be relevant.

14.1

(7.3) A comparison is only permitted in promotional material if:

• it is not misleading

• medicines or services for the same needs or intended for the same purpose are compared

• one or more material, relevant, substantiable and representative features are compared

• no confusion is created between the medicine advertised and that of a competitor or between the advertiser’s trademarks, brand names, other distinguishing marks and those of a competitor

• the trademarks, brand names, other distinguishing marks, medicines, services, activities or circumstances of a competitor are not discredited or denigrated

• no unfair advantage is taken of the reputation of a trademark, brand name or other distinguishing marks of a competitor

• medicines or services are not presented as imitations or replicas of goods or services bearing a competitor’s trademark or brand name.

14.2

(7.6) When promotional material refers to published studies, clear references must be given.

14.3

(7.7) When promotional material refers to data on file, the relevant part of that data must be provided as soon as possible, and certainly within ten working days, in response to a request from a health professional or other relevant decision maker.

14.4

(7.10) Promotion must encourage the rational use of a medicine by presenting it objectively and without exaggerating its properties. Exaggerated or all-embracing claims must not be made and superlatives must not be used except for those limited circumstances where they relate to a clear fact about a medicine. Claims should not imply that a medicine or an active ingredient has some special merit, quality or property unless this can be substantiated.

14.5

(6.2) None of the individual screens or pages etc of a multi screen/page advertisement must be false or misleading when read in isolation.