The promotion of health products is one of the most strictly regulated areas of commercial communication. The reason is clear: misleading or exaggerated promotion may affect not only the consumer’s economic interests but also their health. With the spread of digital communication, how the classic advertising bans are to be applied to social media, websites and collaboration content has also become a new area of debate.

Medicinal products for human use: ban on promotion to the public

Promotion to the public of medicinal products for human use, that is, medicines, is prohibited as a rule. Promotional activities may be directed only at physicians, dentists and pharmacists and are subject to the regulations of the Medicines and Medical Devices Agency (TİTCK). Under these regulations:

• Promotional information must be consistent with the product’s approved summary of product characteristics, accurate and verifiable.
• Product promotion representatives carrying out promotion must have certain qualifications and training.
• The distribution of samples, support for scientific meetings and benefits provided to healthcare professionals are subject to detailed rules.

For certain products that may be sold without a prescription, the content of promotion is also restricted, and promises of cure or exaggerated claims of efficacy are prohibited.

Medical devices

The sale, advertising and promotion of medical devices are governed by a separate regulation. Under this regulation:

• Advertising and promotion must be consistent with the device’s intended purpose and instructions for use.
• Statements that mislead the user or present the device as more effective or safer than it is may not be used.
• Advertising of certain devices to the public is prohibited altogether.
• The sale of medical devices over the internet is prohibited as a rule and may not take place except within the exceptions determined by the Agency.

Digital communication and health claims

Social media accounts, collaboration content and corporate websites may also qualify as promotional activity. In determining whether a post is “information” or “promotion”, account is taken of whom the content is aimed at, whether the product name is used and whether the post is intended to direct towards a sale. In addition, the Advertising Board within the Ministry of Trade separately supervises advertisements containing health claims under the legislation on commercial advertising and unfair commercial practices.

Assessment

Promotion law for health products is an area where two separate lines of supervision intersect: the product-focused rules of the health authority and the advertising-focused rules of consumer legislation. For pharmaceutical and medical device companies, setting out internal approval processes in writing, in a form that also covers digital communication, is an important compliance step.