Digital and social

The Standards for Fair Advertising of Drugs and Related Products apply to advertising in all media, including newspapers, magazines, television, radio, websites and social networking services.

For digital media the binding rule is 21 CFR 202.1. Paragraph (l)(1) states only that 'advertisements subject to section 502(n) of the act include advertisements in published journals, magazines, other periodicals, and newspapers, and advertisements broadcast through media such as radio, television, and telephone communication systems'; the full text of section 202.1 in the 2024 CFR (title 21, volume 4) does not contain the words internet, website or social media anywhere. Paragraph (l)(2) determines that brochures, mailing pieces, detailing pieces, reprints and similar matter are labeling as defined in section 201(m). The only recent binding medium-specific provision is (e)(1)(ii), which requires the major statement in direct-to-consumer television or radio advertisements to be presented in a clear, conspicuous and neutral manner; it does not reach the internet. The only FDA document addressing internet and social media platforms with character space limitations remains the June 2014 draft guidance, which recommends incorporating risk information within the same character-space-limited communication and providing a mechanism such as a hyperlink within each communication to a more complete discussion of risk; those are nonbinding recommendations.

The PAAB Code applies to all digital formats and media, including internet, electronic and social media advertising systems, and applies equally to websites and other online activities within the sponsor's control or influence where the intended audience is Canadians.

Directive 2001/83/EC defines advertising of medicinal products in Article 86(1) as any form of door-to-door information, canvassing activity or inducement designed to promote the prescription, supply, sale or consumption of medicinal products, without limitation as to medium, and Articles 86 to 100 contain no provision specific to digital or social media.

The prohibition on advertising prescription only medicines to the public applies to social networks such as Facebook and Twitter in the same way as to traditional media, and prescription medicines must not be named in posts linked to the services being provided.

It is prohibited to publish prescription drug advertisements via the internet, unless laws or administrative regulations provide otherwise.

An advertisement that directly facilitates the purchase or supply of a medicine that cannot be physically inspected before supply, which the Code's note says includes advertisements on a website, social media or a software application through which a transaction may be conducted, must also include the dosage form name, the quantity, each active ingredient, and either a list of, or a link to, any applicable health warnings.

The internet and computer communications are listed in the ordinance as media for advertising drugs, and drug advertising via internet newspapers and via the internet is subject to mandatory prior review.

Professional advertising may not be made publicly accessible on the internet; it must be furnished with a suitable technical, password-protected access restriction and may be made available only to the persons listed in Art. 3 AWV (Art. 5a AWV). The AWV itself contains no provision specific to social media, influencers or search advertising, but Swissmedic states its practice on this in a published FAQ ('Internetrichtlinie - Social Media'). According to that FAQ, advertising of medicinal products means all measures of information, market development and the creation of incentives that aim to promote the prescription, dispensing, sale, consumption or use of medicinal products (Art. 2(a) AWV); the advertising provisions of the HMG and the AWV apply to all advertising tools, and therefore also to advertising of medicinal products on social media. Because the scope of public advertising is broadly defined, not only the pharmaceutical industry but all actors who advertise particular medicines to the general public - the FAQ names influencers and media professionals as examples - can be addressees of the advertising provisions. Accordingly, internet advertising for prescription-only medicines must carry a suitable technical, password-protected access restriction and be made accessible only to the professionals under Art. 3 AWV. Medicines must also be unambiguously identifiable as medicines in the advertising, by carrying the mandatory notice and the other compulsory particulars including the marketing authorisation holder in accordance with Art. 16(3), Art. 16(5) and Art. 17 AWV, so that the viewer is made aware immediately and unmistakably that this is a medicine and not a food supplement, cosmetic or foodstuff, even without following any further links. The FAQ further states that, because public advertising may not raise the expectation that the effect of the medicine corresponds to or is superior to another treatment or another medicine (Art. 22(c) AWV) and may not mention or refer to testimonials or recommendations of medical or pharmaceutical laypersons (Art. 22(g) AWV), advertising of medicinal products on social media is inadmissible where the like, share and comment functions are activated for the post, so that the medicine can be rated, furnished with experience reports and recommendations, and disseminated.