Advertising of medicines and biologically active food additives in Azerbaijan

The advertising of medical products in the Republic of Azerbaijan is a complex and evolving field. On the one hand, there is a need to ensure that patients have access to accurate and up-to-date information about medical products. On the other hand, there is a need to protect patients from false or misleading advertising.

The main legal act regulating the legal basis of order, production and distribution of advertising is the Law of the Republic of Azerbaijan “On advertising” dated May 15, 2015, #1281-IVQ (“Law on Advertising”);

The definition of advertising is provided in Article 2 of the Law on Advertising. Advertising is the information disseminated to attract the attention of the advertising consumer to the object of advertising, form and maintain interest, ensure the recognition of the product in the market, and stimulate its sales using various means and methods.

As per Article 29.1of the Law on Advertising, only medicines issued without a doctor’s prescription can be advertised in the Republic of Azerbaijan.

In the advertising of medicines issued without a doctor’s prescription, the following shall not be allowed:

• addressing minors;
• referring to specific cases of recovery or improvement in health as a result of using the advertised medicine;
• demonstrating gratitude of individuals in connection with the advertised medicines;
• creating the idea about the necessity of using the advertised medicine in the mind of a healthy person;
• creating an opinion that it is unnecessary to see a doctor;
• guaranteeing the positive effect, natural origin, safety, efficacy and absence of side effects of the advertised medicine;
• representing the advertised medicine as a biologically active substance or nutritional substance or as a different product, which is not a medication.

If the use of non-prescription medicines is followed by side effects, the advertising must contain information about them and specify the need to consult with a doctor or specialist.

Free distribution, sale of medicines, advertising campaigns accompanied by a demonstration of paid or free medical services shall also be prohibited.

The advertisement of biologically active food additives is regulated by Article 30.1 of the Law on Advertising. As per the said law, the following shall be prohibited:

• creating an idea of it to be a medication or possessing therapeutic qualities;
• advising on the benefits of using referring to specific cases of recovery, improvement of the health of those who use them, the results of research on these products;
• encouraging people to reject eating healthy and natural products by providing information on their benefits;
• expressing gratitude to the users.

Outdoor advertising of biologically active food additives shall be prohibited.

It must be indicated in the advertising of biologically active food additives that they are not medications.

In addition to specific regulations governing the advertisement of medical products and biologically active food additives, the Law on Advertising establishes general requirements that must be adhered to. Among these requirements is the necessity for advertising materials to comply with the provisions outlined in the Law of the Republic of Azerbaijan "On the State Language.”

Furthermore, the Law on Advertising explicitly prohibits the dissemination of unfair, inaccurate, or hidden advertising. Detailed guidelines addressing each of these prohibitions are provided within the legislation.

Additionally, the Law on Advertising outlines restrictions aimed at mitigating potential harmful psychological and physical effects on minors.

Non-compliance with advertising requirements can result in the imposition of administrative, civil, or criminal liability.

In conclusion, the regulations set guidelines and penalties to ensure compliance and uphold public health standards. Adaptation of regulations is essential to address evolving challenges in the advertising landscape while prioritizing consumer well-being.

 

Author: Shabnam Sadigova-Huseynova.