Manufacturing, import, export, storage, sale, monitoring, distribution and use of medicine for human and veterinary use, including conventional medicine, bio preparations, diagnostics (hereinafter the “Medicine”), medical devices, and biologically active products are regulated by the Law of Mongolia on Medicines and Medical Devices. The Law also provides a few broad limitations on the advertising of medicines and biologically active products. In addition to this regulation, the Law of Mongolia on Advertisement governs advertising in health sector.
With the regulations being too general, there have been a number of instances of illegal advertising in the health sector, as well as cases where consumers have incurred damage.
Recently, a law on the revision of the Law on Medicines and Medical Devices that outlines provisions such as updating the legal framework for the state regulation and inspection system of human and animal medicine and medical supplies is said to be in the course of developing by the competent authority.
General Medicinal Product and its advertising
Medicine means a preparation of synthetic or animal plant, or mineral substances in a specific form, used in appropriate dosages and quantities, for the prevention, diagnosis, treatment, and immunization of human, animal, and animal diseases (Art.3.1.1 of Law on Medicines and Medical Devices).
Biologically active products means products that support human body functions, supplement with necessary minerals, and prevent any diseases (Art.3.1.25 of Law on Medicines and Medical Devices).
Advertisement means information distributed through public media or in other ways by individual, business entity or organization in order to increase market demand of goods, works, services, project or operation and to attract attention of potential customers (Art.3.1.1 of the Law on Advertising).
For more information or any queries, please feel free to contact V.Bolormaa, Partner and T.Buyanjargal, Lawyer, of Grata International Law Firm by bvolodya@gratanet.com, btungalag@gratanet.com or +976 70155031.
This legal alert was prepared by Umguulliin “GRATA International Mongolia” LLP, the Mongolian office of GRATA International, an international law firm that has its branches in 20 countries around the world. The material contained this alert is provided for general information purposes only and does not contain a comprehensive analysis of each item described. Before taking (or not taking) any action, readers should seek professional advice specific to their situation. No liability is accepted for acts or omissions taken in reliance upon the contents of this alert.