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Verkhovna Rada bans advertising of prescription drugs

 
, medical expert
Last reviewed: 01.07.2025
 
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20 December 2011, 21:24

The Verkhovna Rada adopted the Law “On Amendments to Certain Laws of Ukraine in the Sphere of Healthcare Concerning Strengthening Control over the Circulation of Medicines, Food Products for Special Dietary Use, Functional Food Products, and Dietary Supplements.”

As reported by a UNIAN correspondent, 237 out of 329 people's deputies registered in the session hall voted for this decision.

Amendments have been made to the Law “On Medicines”, which stipulate that the procedure for importing medicines into the territory of Ukraine is established by the Cabinet of Ministers.

The amendments also stipulate that the basis for issuing a license is the availability of a material and technical base, qualified personnel, the compliance of which with the established requirements and the characteristics declared in the documents submitted by the applicant to obtain a license is subject to mandatory verification before issuing a license within the timeframes provided for issuing a license, at the place of activity by the licensing authority or its territorial divisions in the manner established by the central executive authority in the field of health care.

In accordance with the law, the sale (dispensing) of medicines to citizens on prescription is carried out in the manner established by the central executive body in the field of healthcare.

It is envisaged that information about medicinal products (including drugs that are not registered or are at the stage of development or introduction into production) includes the name, characteristics, medicinal properties, possible indirect action and is published in publications intended for medical and pharmaceutical workers, as well as in materials that are distributed at specialized seminars, conferences, symposia on medical topics.

Advertising of medicines that are sold without a doctor's prescription and are not included in the list of medicines prohibited from advertising is permitted.

The list of medicinal products prohibited from advertising is approved by the central executive body in the field of health care. Requirements for advertising such medicinal products are established by the Law "On Advertising".

The criteria that are applied in determining the medicinal products whose advertising is prohibited are approved by the central executive body in the field of health care in accordance with the requirements of the law.

The decision to classify a medicinal product as a medicinal product whose advertising is prohibited is made during the state registration (re-registration) of the medicinal product with the entry of relevant information into the State Register of Medicinal Products of Ukraine.

Advertising of medicines, the use and dispensing of which is permitted only with a doctor's prescription, as well as those included in the list of medicines prohibited from advertising, is prohibited.

Amendments have also been made to Article 9 of the Law of Ukraine “On Licensing Certain Types of Economic Activity”, which stipulate that economic activity in the circulation of narcotic drugs, psychotropic substances and precursors, as well as economic activity in the production of medicines, wholesale and retail trade in medicines are subject to licensing in accordance with this law, taking into account the features determined by the laws “On Narcotic Drugs, Psychotropic Substances and Precursors” and “On Medicines”.

Amendments are being made to Article 21 of the Law “On Advertising”, which stipulate that advertising of medicines, medical products, methods of prevention, diagnosis, treatment and rehabilitation must contain:

  • objective information about a medicinal product, medical device, method of prevention, diagnosis, treatment, rehabilitation and be carried out in such a way that it is clear that the given message is an advertisement, and the advertised product is a medicinal product, medical device, method of prevention, diagnosis, treatment, rehabilitation;
  • requirement to consult a doctor before using a medicine or medical device;
  • recommendation regarding mandatory familiarization with the instructions for the medicinal product.

There must also be a warning text with the following content: “Self-medication can be harmful to your health,” which takes up at least 15% of the area (duration) of the entire advertisement.

In advertising of goods and methods that are not related to medicines, medical devices, methods of prevention, diagnosis, treatment and rehabilitation, as well as in advertising of food products for special dietary use, functional food products and dietary supplements, it is prohibited to refer to the fact that they have medicinal properties.

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