Dissemination by a third party of information about a medicinal product may be regarded as adversiting

02-04-2009 Print this page
IPPT20090402, ECJ, Damgaard

ADVERTISING – PHARMACEUTICAL LAW


Dissemination by a third party of information about a medicinal product, including its therapeutic or prophylactic properties, may be regarded as advertising within the meaning of that article, even though the third party in question is acting on his own initiative and completely independently, de jure and de facto, of the manufacturer and the seller of such a medicinal product.
It is for the national court to determine whether that dissemination consti-tutes a form of door-to-door information, canvassing activity or inducement designed to promote the pre-scription, supply, sale or consumption of medicinal products.

 

IPPT20090402, ECJ, Damgaard

 

C-421/07 - ECLI:EU:C:2009:222