Illegal: Advertising Botox, Vistabel, Viagra, Propecia
22 May 2007
Advertisers and publishers often do not know that it is illegal to advertise prescription-only medicines (POMs) to the general public. Not only does it breach the CAP Code*, it is an offence under The Medicines (Advertising) Regulations and The Control of Misleading Advertising Regulations.
Common POMs
The biggest culprits to look out for are the anti-wrinkle injected drugs, Botox, Dysport and Vistabel. In recent weeks CAP has taken Compliance action against several beauty salons advertising those medicines in the regional press. None of the advertisers or publishers involved was aware that the ads were breaking the law.
Caution with Trademarks
Other POMs that illegally appear in advertisements include: the hair loss drugs Propecia and Avodart; the erectile dysfunction drugs Viagra and Cialis and the anti-obesity medicines Xenical and Acomplia. But that list is not exhaustive and we advise that extra care should be taken with all trademarked products when presented in the context of health, beauty or slimming ads. That those drugs can be bought on the Internet, for example, does not change their prescription-only status.
Other problems
In 2004, the ASA upheld a complaint against a West of England Laser Centre’s ad that used the term “muscle inhibitors” in the context of an injection treatment. Although the company did not mention Botox, the ASA decided that “muscle inhibitors” applied to an injection strongly implied Botox and it upheld the complaint. Special vigilance is needed when producing or accepting ads of that type. It is, however, possible to advertise injected treatments that are not POMs by using claims such as ”treatments for lines and wrinkles”.
Check a Med
Check a medicine’s status by visiting the Royal Pharmaceutical Society’s website. Trade Journals Prescription-only medicines may be advertised in trade journals for the medical, dental, veterinary and allied professions. Notes: *Clause 50.12 of the Code states “Prescription-only medicines may not be advertised to the public.”