Advertising Atlas ／ United Kingdom
Advertising regulation in United Kingdom
Regulator: MHRA / PMCPA ／ Basis: Human Medicines Regulations 2012
- Claims of efficacyAn advertisement for a medicinal product with a UK marketing authorisation must comply with the particulars listed in the summary of product characteristics, must encourage rational use by presenting the product objectively without exaggerating its properties, and must not be misleading.
- Comparative advertisingIn advertising to the general public, comparative claims against another named product such as 'works faster than XXX' are prohibited, although a category claim such as 'works faster than standard tablets' is permitted if supported by evidence.
- Safety informationAn advertisement directed at persons qualified to prescribe or supply must include the entries, or a succinct statement of the entries, in the summary of product characteristics relating to adverse reactions, precautions, contra-indications, dosage and method of administration.
- Direct-to-consumerA person may not publish an advertisement that is likely to lead to the use of a prescription only medicine.
- Materials for HCPsAn advertisement wholly or mainly directed at persons qualified to prescribe or supply must contain the particulars in paragraphs 1 to 8 of Schedule 30, namely the marketing authorisation number, the holder's name and address, the legal classification, the product name, the active ingredients by common name, indications consistent with the authorisation, the relevant SmPC entries and the cost excluding VAT.
- Pre-clearanceThe MHRA has statutory powers to require companies to submit advertising material for pre-publication vetting, has committed as a matter of policy to vet initial advertising for all new active substances, and applies vetting for a period that is normally one to three months and normally no longer than six months.
- Digital and socialThe 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.
- EnforcementA person guilty of an offence under the advertising provisions is liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine, to imprisonment for a term not exceeding two years, or to both.
Every cell carries a summary, a source and a date checked. Topics whose source has not been verified are left marked “not researched” rather than filled with plausible text. Directives and statutes bind as to the result; what applies in practice is national implementing law. This is a research aid, not legal advice.