Prohibition of Advertising of Medicinal Products in Order to Protect Patients’ Rights and Public Health – Experience of the Republic of Latvia

Description

The prohibition of advertising of medicinal products has been a topic of debate in many countries, with different approaches being taken to regulate the promotion of drugs to the public. This paper examines the experience of Latvia with regard to the prohibition of advertising of medicinal products as a means of protecting public health and patients’ rights in general.
The paper provides an overview of the legal framework governing the advertising of medicinal products in Latvia, highlighting the differences between the current legislation and that of other countries. The paper also reviews the various arguments for and against the prohibition of advertising of medicinal products, focusing on the Latvian experience and case law study. The paper argues that the prohibition of advertising of medicinal products in Latvia has had a positive impact on public health and patients’ rights protection. Taking into consideration the Latvian experience and Case Law study several conclusions could be made. For instance, Directive 2001/83 harmonizes advertising of medicinal products and subjects it to conditions, restrictions, and prohibitions in order to protect public health.
The concept of "advertising of medicinal products" refers to any dissemination of information that promotes or encourages the prescription, supply, sale, or consumption of specific medicinal products or medicinal products in general, by visiting clients or by other means, including "advertising of medicinal products to the general public". Information dissemination that stimulates the purchase of medicines by offering special prices, announcing a sale, or stating that certain medicines are sold in combination with other medicines or products constitutes advertising. Such dissemination of information falls within the concept of "advertising of medicinal products" even if the information relates to medicinal products in general.
Advertising that refers to the price of medicinal products and announces a sale or the sale of medicines in combination with other medicines or products may encourage end-users to purchase and consume these medicines for economic reasons, without an objective evaluation based on the therapeutic properties of the medicine and specific medical needs. Advertising that refers to the price of medicinal products and announces a sale or the sale of medicines in combination with other medicines or products promotes irrational and excessive use of non-reimbursed over-the-counter medicines. Therefore, national legislation that prohibits the dissemination of such advertising content is compatible with Directive 2001/83.
Overall, the paper concludes that the prohibition of advertising of medicinal products in Latvia has been a positive development for public health. It has helped to ensure that patients have access to safe and effective medicines, and has increased transparency and accountability in the pharmaceutical industry.

Period	2 Aug 2023 → 4 Aug 2023
Event title	27th World Congress for Medical Law
Event type	Congress
Conference number	27
Location	Vilnius, LithuaniaShow on map
Degree of Recognition	International