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S.L. 458.32 · Medicinal Products (Advertising) (S.L. 458.32)

S.L. 458.32 Art. 5Advertising criteria. Cap. 101. Cap. 31.

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(1) It shall not be lawful to advertise medicinal products for which no marketing authorisation has been granted.

(2) It shall not be lawful to advertise to the general public medicinal products which -

(a) are available on medical prescription only, in accordance with the classification of medicinal products as defined in the Act or any regulations made thereunder;

(b) contain substances defined as psychotropic or narcotic under the First Schedule to the Dangerous Drugs Ordinance and the Third Schedule to the Medical and

Kindred Professions Ordinance.

(3) No medicinal products may be distributed directly to the public by the industry for promotional purposes: Provided that the provisions of subregulation (2) shall not apply to vaccination campaigns when these are carried out by industry after having obtained the approval of the Licensing Authority:

Provided further that the prohibition referred to in subregulation (2) shall apply without prejudice to Article 14 of Directive 89/552/EEC.

(4) Medicinal products may be advertised to the general public which, by virtue of their composition and purpose, are intended and designed for use with the advice of the pharmacist, if necessary, but without the intervention of a medical practitioner for diagnostic purposes or for the prescription or monitoring of treatment.

(5) The Licensing Authority shall be entitled to ban advertising to the general public of medicinal products the cost of which may be reimbursed.