September 29, 2019 posted by

Field of Healthcare (Heilmittelwerbegesetz – HWG), last amended on 20 System and their Employees were published in December reading of the proposal in November In the second part of .. Germany, the Remedies Advertising Act (Heilmittelwerbegesetz – HWG) were in line with the. Health on the Net Foundation. (accessed 9 June ). I S. ) vom 26 April Heilmittelwerbegesetz. [18] ICMJE.

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We need to be more creative when looking for editorial space and show engagement with all different groups.

In addition, there is a growing emphasis on medical education and communications as well as focused activities on the valueadded services that have been built up around most major brands. Companies may issue factual scientific information regarding unlicensed medicinal products or indications only in response to unsolicited inquiries by healthcare professionals.

Apart from the legal provisions relating to the healthcare sector, German websites have to comply with the relevant regulations of the German Telecommunication Services Act Heilmittelwerhegesetz.

The Euro crisis also adds to this worrying scenario for several reasons: Furthermore, an objective connection to the field of activity of the participating physicians must exist.

In addition, companies are also obliged to monitor and control, on a regular basis, the content of the sites that may be accessed by links. Finally, the Medicinal Products Act Arzneimittelgesetz AMG also imposes legal requirements for interactions with health care professionals and patient organisations.

Under AMNOG, the level of added therapeutic benefit granted to newly approved drugs is based on a scoring system of heilmittelwebegesetz to 6: In principle, Section 7 HWG does not allow the offering or supplying of gifts or other benefits to patients. In the case of a violation, the company is liable for omission, as well as for damages.

Based on the wording of the amended ordinance, however, it is not clear whether the amount of EUR has to be interpreted as a maximum amount for reasonable hospitality costs, thus an amount of EUR being unreasonable, or whether the wording can be understood as setting forth the generally reasonable amount and exceptions thereto may be justified depending on the individual heilmittellwerbegesetz of each case.


Infringements of rules for the protection of fair competition heilmittelwerbegesezt pharmaceutical manufacturers can be pursued by the competent national authorities. This leads to the following rules: In practice, the higher regional authorities rarely pursue pharmaceutical manufacturers for infringements of unfair competition law.

Regulatory expertise covering, in particular, marketing authorisations, CE marking, distribution agreements and GDPplacing medicinal products and medical devices on the market, compassionate use, named patient programmes, wholesaler licence, and clinical trials applications and agreements.

Is it permitted to provide consumers with free samples?

The same applies to indications or pharmaceutical forms which are heilmitgelwerbegesetz covered by the marketing authorisation off-label information. In this regard, it has to be noted that the MedTech Europe Code of Ethical Business Practice contains a prohibition against the provision of direct conference support to participants who do not act as speakers.

Pharmaceutical Advertising 2018 | Germany

However, according to one of the key principles, advertising must not be misleading which includes that any claim made has to be scientifically substantiated.

To be considered as possessing the necessary expert knowledge, the person in question heilmitrelwerbegesetz provide proof of experience and skill in respect of the proper filing, packaging, labelling, storing and marketing of medicinal products that are released for trade outside pharmacies.

It is, in any case, not permissible to pay or grant incentives for the publication of a press release or an article written on the basis of such press release. In the event a pharmaceutical company organises a scientific meeting with the help of an independent third party e. Name of the medicinal product. Engagement with patient organisations In many cases, authorisation of medicinal products is granted by the European Commission in a centralised authorisation procedure.

Depending on the market shares package deals may also be critical under competition law-related aspects. International events within the meaning of the FSA-Code of Conduct Healthcare Professionals are internal or external training events in a country in which the company organising, holding or supporting the event or supporting its participants is not domiciled. Therefore, such advertisements should be permissible if they are in compliance with the previously mentioned general principles regarding the advertising of medicinal products.


According to the amended code of conduct, companies are not allowed to provide any financial support i. Under section 3 a of the HWG, marketing activities for unlicensed medicines are prohibited, as well as marketing activities regarding off-label use of licensed medicines.

Pharmaceutical Advertising | Germany | ICLG

According to the Federal Supreme Court, physicians contracted by statutory health insurance companies are neither civil servants nor representatives of a state institution and so cannot be charged with bribery in public affairs. Furthermore, the member companies of the FSA must publish donations exceeding EUR 10, per donation on an annual basis. A special reduced fee of EUR, for biological medicinal products. What are the restrictions that are imposed on relationship with patient organisations?

The cumulative effect of using marketing materials or advertising slogans, or making exaggerated, ambiguous or incomplete claims may lead to heilmittelwerbegeseyz press release being characterised as promotional. Are there any important examples where action has been taken heilmittepwerbegesetz pharmaceutical companies? Vfa says that the new law will make the situation worse. heilmittelwerbegesetz

Heilmittelwerbegesetz by Germany and Ulf Doepner (2000, Book)

Gifts and Financial Incentives. Furthermore, a German court decided that PMS-Studies are only permissible provided that pharmaceutical companies perform such studies in strict compliance with the principle of non-intervention, i. In the case of misleading marketing activities addressed to consumers, the infringing company and person in charge can be heilimttelwerbegesetz with imprisonment for up to one year or fines. The pharmaceutical industry needs to respond to the rapidly changing market and policy environment.

Back to top of page Healthcare Life expectancy has increased by four years for women and five years for men in the last 20 years, reaching an average of There are currently no reported instances where the competent authorities have, in practice, investigated such matters.