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Advertisement On Cosmetic And Pharmaceutical Industry
2. ADVERTISEMENT PROHIBITION ON PHARMACEUTICAL INDUSTRY IN GENERAL MANNER
The pharmaceutical product has been defined in the Pharmaceuticals and Medical Preparations Law numbered 1262 (“Pharmaceutical Product Law”) as substances called pharmaceuticals and medicinal preparations to any simple and complex therapeutic measures applying in medicine and traded under the name of the product or under the specific name to be made in a specific and fixed manner in accordance with the medical rules, except for the form and formula written in the coding. In the article 4 of the Regulation on Clinical Research of Pharmaceuticals and Biological Products, the pharmaceutical product has been defined as a natural, synthetic or biotechnological active substance or combination of substances applied to human in order to prevent, diagnose or treat disease, correct, regulate or change a physiological function.
Based on these definitions, pursuant to article 13 of the Pharmaceutical Product Law indicating “It is forbidden to advertise on the way to heal the preparations and the healing sensitivity they do not possess, or by enlarging the existing healing effects on fixed or proprietary cinema films, illuminated or non-illuminated advertising, radio or any means by citing the preparations. Insofar, advertisements such as “It is useful to use in diseases …” can be allowed in the prospectus and newspapers. However, the pharmaceutical product cannot be advertised in other places than medical magazines, unless they are allowed to be sold without a prescription. Advertising samples must be approved by the Ministry of Health and Counsel.”, the advertisement of the human products being within the scope of the pharmaceutical product is strictly prohibited.
3. PROMOTION ON PHARMACEUTICAL INDUSTRY
As mentioned above, although it is forbidden to advertise pharmaceutical products in accordance with the Pharmaceutical Product Law, it is not completely forbidden for the relevant institutions to be informed and acquainted. In accordance with the Regulation Regarding the Promotion Activities of Human Medicinal Products (“Promotion Regulation”), the promotion of the human medicinal products is allowed and promotion is defined as “All the information activities organized by the license / permit holders about the medical-scientific properties of the products covered by this Regulation or all the information activities organized with the name, request, contribution and support of the license / permit holders to be carried out to healthcare professionals; within this framework, the activities of product promotion representatives, announcements to be given to medical and professional books and magazines, announcements to be made through direct mail or other communication tools, scientific meetings and product promotion meetings and similar activities and activities to be carried out.” in such regulation.
Hence, we would like to point out that, pursuant to article 5 of the Promotion Regulation, the promotion of the products shall not be made directly or indirectly to the society in any media and communication medium, including the internet, through programs, films, series films, news and similar means. The newspapers / magazines announcing to the healthcare professionals that the product is placed on the market, are outside the scope of this provision.
In addition, as stated in Article 5 of the Promotion Regulation, promotional activities and products to be carried out in accordance with the law should be for doctors, dentists and pharmacists. In other words, the promotion of drugs to people other than doctors, dentists and pharmacists is strictly prohibited, otherwise administrative sanctions are applied in accordance with Article 13 of the Promotion Regulation.
In accordance with article 5 of the Promotion Regulation, the promotion is made;
- By using the promotions products to the doctors, dentists and pharmacists,
- By arranging or sponsoring the scientific meeting and product promotion meetings,
- By visiting the doctors, dentists and pharmacists by product promotion representatives.
- the products that are not licensed or authorized under the relevant legislation
- the making promotions of the products licensed or permitted according to applicable legislation except the usage areas approved by Turkey Pharmaceuticals and Medical Devices approved by the Authority,
- the products licensed or permitted by relevant legislation but since not available in the local market, allowed to be purchased from abroad in exchange by Turkey Pharmaceuticals and Medical Devices Agency for a prescription from abroad in exchange
- Law on the Protection of the Consumer Numbered 6502
- Commercial Advertising and Unfair Commercial Practices Regulation
- Cosmetics Law
- Cosmetic Regulation
- Regulation on Health Declaration and Health Declaration of the Products Offered for Sale
- Phrases or implications for treating or preventing any disease, helping to cure, diagnosing, or correcting, regulating or modifying a physiological function,
- Statements that claim or imply that, as a result of pharmacological, immunological or metabolic effects, they renew, correct or change physiological functions,
- Statements referring to the effect of human medicinal product