Healthy Skepticism Library item: 4450

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Wieringa NF, de Meijer AH, Schutjens MD, Vos R.
The gap between legal rules and practice in advertising non-registered pharmaceutical products. A new method of analysis
Soc Sci Med. 1992 Dec 01; 35:(12):1497-504

Abstract:

The market of non-registered pharmaceutical products is growing fast in number and overall costs, not only in the Netherlands, but also in other European countries. These products often give the impression that the consumer may expect ‘an effect as from a drug’. Legally, there is a clear distinction between ‘drugs’ and ‘commodities’ in the Netherlands; the question is whether legislation and practice concur. In an investigation we analysed texts of advertisements for non-registered pharmaceutical products published in a popular magazine. A method was developed, based on the legal definition of a drug and jurisprudence, to determine in a qualitative and quantitative way the application of medicinal claims. It transpired that in 65% of the analysed advertisements explicit or implicit claims were made. These products should therefore be subject to drugs legislation. Thus, in the Netherlands there is a gap between legislation and practice in advertising non-registered pharmaceutical products.

Keywords:
*analytic survey/Netherlands/print advertisements/medicinal claims/regulation of promotion/EVALUATION OF PROMOTION: DIRECT-TO-CONSUMER ADVERTISING Advertising/legislation & jurisprudence* Consumer Advocacy/legislation & jurisprudence Drug Labeling/legislation & jurisprudence Drugs, Non-Prescription* Humans Legislation, Drug* Netherlands Periodicals Research Design Terminology