Berlin: (hib/PK) According to the federal government, the regulations in the Medicines Advertising Act (HWG) serve to protect consumers. The primary goal is to protect consumers from incorrect or inappropriate influence in the field of medicinal product advertising and thereby serve the health of the people, says the answer (20/6376) of the Federal Government on a small request (20/6163) of the CDU/CSU parliamentary group.
The regulations for drug advertising are harmonized at European level. In accordance with European law, the concept of advertising in the HWG includes “all measures for information, market research and the creation of incentives with the aim of promoting the prescription, dispensing, sale or consumption of medicinal products”.
The boundary between advertising and information lies in the subjective intention to promote sales inherent in the concept of advertising. Factual information is therefore generally not subject to the scope of application of the HWG.
Paragraph 10 paragraph 1 HWG contains a ban on public advertising for prescription drugs. This is intended to prevent unrestricted advertising for such medicinal products from awakening “consumer desires” in consumers, who could urge their doctor to prescribe certain medicinal products without being able to assess whether taking the medicinal product is therapeutically indicated.