Medicinal Products Advertising Act: Key Information & Regulationsungen

The Medicinal Products Advertising Act (HWG)

The Medicinal Products Advertising Act is very important in German healthcare advertising. It regulates how medicinal products and medical devices are advertised. Since 1965, it has protected consumers from false information.

The rules of the HWG ensure transparency. They require that risks and side effects are clearly communicated. The law consists of 18 sections and one annex.

Companies in the healthcare sector must be familiar with the Medicinal Products Advertising Act. It affects advertising for medicinal products and medical devices. Compliance with these rules guarantees fair competition conditions.

Introduction to the Medicinal Products Advertising Act (HWG)

The HWG is essential for the advertising of medicinal products in Germany. It ensures that advertising is fair and ethical.

Definition and Purpose of the HWG

The HWG sets rules for the advertising of medicinal products. It protects consumers from false information, ensuring that advertising in the healthcare sector remains fair.

Historical Development of the Law

Since 1965, the HWG has undergone multiple changes. These changes reflect how pharmaceutical marketing has evolved, taking into account new forms of advertising and technologies.

Current Structure of the HWG

Today, the HWG includes many regulations:

• Provisions for advertising to professional audiences and consumers
• Prohibitions on misleading advertising claims
• Requirements for scientific evidence in advertising
• Regulations on advertising oversight

The structure helps control pharmaceutical marketing, providing clear rules for medicinal product advertising and protecting patients from false promises.

Scope of the Medicinal Products Advertising Act

The HWG regulates advertising in the healthcare sector. It aims to prevent misleading advertising and promote ethical advertising practices.

Affected Products and Services

The HWG covers a wide range of products and services:

• Medicinal products
• Medical devices
• Remedies and therapies
• Cosmetic surgery without medical necessity

Application to Various Advertising Formats

The law applies to diverse forms of advertising, including print ads, television commercials, and online marketing. Even teleshopping for medicinal products and medical treatments falls under the HWG.

Exceptions from the Scope

Not all health-related products are subject to the HWG. Exclusions include:

• Dietary supplements
• Cosmetics
• General wellness products

The HWG is essential for ethical advertising practices in the healthcare sector. It protects consumers from misleading advertising and promotes transparent communication about remedies and medical services.

Key Provisions of the HWG

The HWG sets strict rules for the advertising of medicinal products. Pharmaceutical companies must provide key information, including the company name, headquarters, and the exact name of the medicinal product.

It is also important to list the composition, indications, and contraindications. Side effects and warnings must also be included. For prescription medications, the statement "Prescription only" must be clearly visible.

For advertising outside of professional circles, special rules apply. The following sentence must appear: "For risks and side effects, read the package leaflet and ask your doctor or pharmacist." This rule protects consumers and highlights potential dangers.

Medical devices are subject to similar rules. Manufacturers must clearly inform about the properties and risks. The goal of the HWG is to protect patients from false or incomplete advertising.

Prohibition of Misleading Advertising in the Healthcare Sector

The Medicinal Products Advertising Act (HWG) sets high standards for advertising in the healthcare industry. It prohibits statements that could mislead people.

Definition of Misleading Claims

Misleading advertising claims that products are better than they actually are. It also promises outcomes that cannot be guaranteed. Advertising is closely monitored for such statements.

Examples of Prohibited Advertising Claims

Phrases like "100% effective" or "without side effects" are not allowed. They deceive consumers and are not ethically correct.

Requirements for Scientific Evidence

Advertising claims must be based on the latest scientific research. The Federal Court of Justice often requires specific studies as proof. These rules ensure that advertising in the healthcare industry is responsible.

FAQ on the Medicinal Products Advertising Act

What is the Medicinal Products Advertising Act (HWG)?

The HWG regulates advertising for healthcare products in Germany. It protects consumers from false advertising and provides information about risks and side effects.

What areas does the HWG cover?

The HWG applies to advertising for medicinal products, medical devices, and more. It also covers advertising for treatments and items that serve human and animal health.

What mandatory information must be included in medicinal product advertising?

Advertising for medicinal products must include key information, such as the manufacturer’s name, the product, its effects, and side effects. Warnings and the phrase "Prescription only" are also required.

What is considered misleading advertising under the HWG?

Misleading advertising is not permitted. It may make false promises or conceal health risks. Claims must be based on scientific evidence.

What proof is required for advertising claims?

Advertising claims require studies that are randomized, placebo-controlled, and double-blind. Adequate statistical analysis is also important.