Ukraine. Drug sale in Ukraine: advertising

The main regulatory legal acts regulating the procedure of advertising drugs in Ukraine are the Law of Ukraine «On Medicinal Products», the Law of Ukraine «On Advertising» # 270/06-ВР dd 03.07.1996, Resolution of the Ministry of Health Care of Ukraine # 177 d/d 10.06.1997 «On the Approval Procedure for Regulatory Acts on Issues of Drugs Advertising». On the legislative level the criteria have been established regarding drugs which can be subject to advertising. Advertising is only allowed for the drugs permitted for application in the territory of Ukraine (registered), which are available without a doctor’s prescription (OTC drugs) and the use of which does not require any special knowledge or training. Advertisement of Rx drugs is prohibited.

The Law specifies the information which should obligatory be contained in advertisements for drugs, as well as data prohibited for positioning. Advertisements for drugs shall not include participation of doctors, other medical professionals, persons whose appearance imitates the appearance of doctors. It is also prohibited to use images or mention names of popular persons, heroes of movies, TV and animation films, authorized organizations. Advertisements cannot include references to therapeutic effects of drugs with respect to diseases which are unresponsive to treatment or hardly respond to treatment.

Information contained in advertisements of drugs for children and teenagers is subject to endorsement with the MHU of Ukraine, which issues a permit on the basis of an expert opinion of the Center.

Drugs advertisements designated for medical institutions and doctors are distributed exclusively via specialty printed media meant for medical and pharmacy experts. Unfair advertising of drugs is legally prohibited.
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