ADVERTISING LAW
Advertising for medicinal products for doctors and pharmacists:
• also extends to quotations taken from medical journals or other scientific works
In light of the above considerations, the answer to the first question is that Article 87(2) of Directive 2001/83 must be interpreted as extending also to quotations taken from medical journals or other scientific works which are included in advertisements for medicinal products directed at persons qualified to prescribe or supply medicines.
• Prohibited: claims which conflict with the summary of product characteristics; but supplemental information may be permitted.
In the light of the above considerations, the answer to the second question is that Article 87(2) of Directive 2001/83 must be interpreted as prohibiting the publication, in advertising of medicinal products directed at persons qualified to prescribe or supply them, of claims which conflict with the summary of product characteristics, but it does not require that all the claims in such advertisements are included in that summary or can be derived from it. Such advertisements may include claims supplementing the information referred to in Article 11 of that directive, provided that those claims:
– confirm or clarify – and are compatible with – that information, and do not distort it, and
– are consistent with the requirements of Articles 87(3) and 92(2) and (3) of that directive.
IPPT20110505, CJEU, Novo Nordisk v Ravimiamet
