Information about Pharmaceutical Products in Drugstores, an Advertisement?
April 19, 2011 By Legal Alliance
In accordance with the paragraph 1 article 15 of the Law of Ukraine “On Consumer Rights Protection”, a consumer has the right to receive necessary, accessible, accurate and timely information about the products that provides him with an opportunity of conscious and competent selection of such product. The consumer shall be provided with such information prior to purchasing the product or ordering the works (services). The information about the product is not considered as advertising.
According to paragraph the 7 article 8 of the Law of Ukraine “On Advertising”, placing of the information about the product producer or/and the product at the places where such product is sold or provided to a consumer, including placing on the elements of equipment and/or decoration of sales facility, as well as on the product itself and/or its packaging, is not considered as advertising.
According to the paragraph 2 of the Letter of the Committee of Verkhovna Rada of Ukraine (the Parliament of Ukraine) on the issues related to freedom of speech and information[1] (hereinafter – the Committee), in this case it is meant to be the information about the product and/or its producer that is objectively necessary for a consumer for making a conscious selection of the product, the information regarding its proper use, protection of consumer’s rights and etc. (the information regarding the actual consuming qualities of the product, the order of its use, its disposition and etc, regarding the proper actions of a consumer due to purchase and use of the product, the producer’s contact information, and etc.). Such information can not contain an appeal to acquire or not to acquire the product, an appeal to use services of the producer and etc.
The Committee also attracts attention to the fact that all bans and limitations of the Law of Ukraine “On Advertising” are also applied to this information.
This also corresponds to the position of the State committee of Ukraine for Regulatory Policy and Entrepreneurship, stated in the Letter № 6253 dated 31.10.2003.
In accordance with the paragraph 1 article 15 of the Law of Ukraine “On Consumer Rights Protection”, a consumer has the right to receive necessary, accessible, accurate and timely information about the products that provides him with an opportunity of conscious and competent selection of such product. The consumer shall be provided with such information prior to purchasing the product or ordering the works (services). The information about the product is not considered as advertising.
Such information about the products shall contain:
1. The name of the product, the name or recreation of the sign for the products and services used in the sales;
2. The names of the regulatory documents that set up the requirements for domestic products;
3. The data about the main characteristics of the products, nominal quantity (weight, volume and etc.), conditions for their use;
4. The information regarding the presence of harmful substance for person’s health that is regulated by the corresponding documents and warnings as for the use of the certain products in case such warnings are provided by the respective regulatory acts.
5. Indication about the presence of GMO;
6. The data about the cost (tariff rate), the conditions and the rules for acquiring the products;
7. The date of production;
8. The data regarding the storage conditions;
9. The guarantees of the producer;
10. The rules and conditions for effective and safe use of the products;
11. The expiry date for the product;
12. The name and location of the producer and the company that fulfills functions thereof in regard to receiving complaints from consumers.
The consumer shall be provided with the information about the certification of the product in case such product subjected to mandatory certification.
Therefore, distribution of the information about pharmaceutical products in the drugstores, where they are being sold, is not considered as advertising and does not contradict to the provisions of the Ukrainian legislation. However, the general requirements and limitations provided for advertising of pharmaceutical products shall be adhered.
[1] The Letter of the Committee of Verkhovna Rada of Ukraine (the Parliament of Ukraine) on the issues related to freedom of speech and information “On implementation of the certain provisions of the Law of Ukraine “On Advertising” as amended on 11.07.2003” dated 01.10.2003.
ABOUT THE AUTHOR: Andriy Gorbatenko, Councel, Legal Alliance Company
Legal Alliance’s lawyers are widely experienced. The firm has successfully demonstrated its skills since its establishment in 1995, earning an excellent reputation among its clients and recognition by its colleagues. Since 2004, according the annual All-Ukrainian analytic research “50 leading law firms of Ukraine”, compiled by the newspaper Law practice, Legal Alliance has continuously been named among top twenty-five firms in Ukraine.
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More information about Legal Alliance
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
According to the paragraph 2 of the Letter of the Committee of Verkhovna Rada of Ukraine (the Parliament of Ukraine) on the issues related to freedom of speech and information[1] (hereinafter – the Committee), in this case it is meant to be the information about the product and/or its producer that is objectively necessary for a consumer for making a conscious selection of the product, the information regarding its proper use, protection of consumer’s rights and etc. (the information regarding the actual consuming qualities of the product, the order of its use, its disposition and etc, regarding the proper actions of a consumer due to purchase and use of the product, the producer’s contact information, and etc.). Such information can not contain an appeal to acquire or not to acquire the product, an appeal to use services of the producer and etc.
The Committee also attracts attention to the fact that all bans and limitations of the Law of Ukraine “On Advertising” are also applied to this information.
This also corresponds to the position of the State committee of Ukraine for Regulatory Policy and Entrepreneurship, stated in the Letter № 6253 dated 31.10.2003.
In accordance with the paragraph 1 article 15 of the Law of Ukraine “On Consumer Rights Protection”, a consumer has the right to receive necessary, accessible, accurate and timely information about the products that provides him with an opportunity of conscious and competent selection of such product. The consumer shall be provided with such information prior to purchasing the product or ordering the works (services). The information about the product is not considered as advertising.
Such information about the products shall contain:
1. The name of the product, the name or recreation of the sign for the products and services used in the sales;
2. The names of the regulatory documents that set up the requirements for domestic products;
3. The data about the main characteristics of the products, nominal quantity (weight, volume and etc.), conditions for their use;
4. The information regarding the presence of harmful substance for person’s health that is regulated by the corresponding documents and warnings as for the use of the certain products in case such warnings are provided by the respective regulatory acts.
5. Indication about the presence of GMO;
6. The data about the cost (tariff rate), the conditions and the rules for acquiring the products;
7. The date of production;
8. The data regarding the storage conditions;
9. The guarantees of the producer;
10. The rules and conditions for effective and safe use of the products;
11. The expiry date for the product;
12. The name and location of the producer and the company that fulfills functions thereof in regard to receiving complaints from consumers.
The consumer shall be provided with the information about the certification of the product in case such product subjected to mandatory certification.
Therefore, distribution of the information about pharmaceutical products in the drugstores, where they are being sold, is not considered as advertising and does not contradict to the provisions of the Ukrainian legislation. However, the general requirements and limitations provided for advertising of pharmaceutical products shall be adhered.
[1] The Letter of the Committee of Verkhovna Rada of Ukraine (the Parliament of Ukraine) on the issues related to freedom of speech and information “On implementation of the certain provisions of the Law of Ukraine “On Advertising” as amended on 11.07.2003” dated 01.10.2003.
ABOUT THE AUTHOR: Andriy Gorbatenko, Councel, Legal Alliance Company
Legal Alliance’s lawyers are widely experienced. The firm has successfully demonstrated its skills since its establishment in 1995, earning an excellent reputation among its clients and recognition by its colleagues. Since 2004, according the annual All-Ukrainian analytic research “50 leading law firms of Ukraine”, compiled by the newspaper Law practice, Legal Alliance has continuously been named among top twenty-five firms in Ukraine.
Copyright Legal Alliance
More information about Legal Alliance
View all articles published by Legal Alliance
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
