The beauty and pharmaceutical industries are topic to totally different laws than the advertising and marketing and promoting of different merchandise, since it’s straight associated to human well being normally. Furthermore, the well being companies aren’t thought-about as a “consumption” generally, such companies is primary want on the idea of human rights. On this regard, particularly in pharmaceutical business, the strict limitations for commercial and advertising and marketing strategies on the beauty and pharmaceutical industries are in query.
The pharmaceutical product has been outlined within the Prescribed drugs and Medical Preparations Regulation numbered 1262 as substances referred to as prescribed drugs and medicinal preparations to any easy and sophisticated therapeutic measures making use of in medication and traded below the title of the product or below the particular title to be made in a selected and glued method in accordance with the medical guidelines, aside from the shape and method written within the coding. Within the article 4 of the Regulation on Medical Analysis of Prescribed drugs and Organic Merchandise, the pharmaceutical product has been outlined as a pure, artificial or biotechnological energetic substance or mixture of drugs utilized to human with a purpose to stop, diagnose or deal with illness, right, regulate or change a physiological operate.
Primarily based on these definitions, pursuant to article 13 of the Pharmaceutical Product Legislation indicating “It’s forbidden to promote on the way in which to heal the preparations and the therapeutic sensitivity they don’t possess, or by enlarging the present therapeutic results on mounted or proprietary cinema movies, illuminated or non-illuminated promoting, radio or any means by citing the preparations. Insofar, commercials akin to “It’s helpful to make use of in ailments …” will be allowed within the prospectus and newspapers. Nonetheless, the pharmaceutical product can’t be marketed somewhere else than medical magazines, until they’re allowed to be bought with no prescription. Promoting samples should be accredited by the Ministry of Well being and Counsel.”, the commercial of the human merchandise being throughout the scope of the pharmaceutical product is strictly prohibited.
As talked about above, though it’s forbidden to promote pharmaceutical merchandise in accordance with the Pharmaceutical Product Regulation, it isn’t fully forbidden for the related establishments to be told and acquainted. In accordance with the Regulation Relating to the Promotion Actions of Human Medicinal Merchandise, the promotion of the human medicinal merchandise is allowed and promotion is outlined as “All the data actions organized by the license / allow holders in regards to the medical-scientific properties of the merchandise lined by this Regulation or all the knowledge actions organized with the title, request, contribution and help of the license / allow holders to be carried out to healthcare professionals; inside this framework, the actions of product promotion representatives, bulletins to be given to medical and professional books and magazines, bulletins to be made via junk mail or different communication instruments, scientific conferences and product promotion conferences and comparable actions and actions to be carried out.” in such regulation.
Therefore, we wish to level out that, pursuant to article 5 of the Promotion Regulation, the promotion of the merchandise shall not be made instantly or not directly to the society in any media and communication medium, together with the web, by way of packages, movies, sequence movies, information and comparable means. The newspapers / magazines asserting to the healthcare professionals that the product is positioned in the marketplace, are exterior the scope of this provision.
As well as, as said in Article 5 of the Promotion Regulation, promotional actions and merchandise to be carried out in accordance with the legislation needs to be for medical doctors, dentists and pharmacists. In different phrases, the promotion of medicine to individuals aside from docs, dentists and pharmacists is strictly prohibited, in any other case administrative sanctions are utilized in accordance with Article 13 of the Promotion Regulation.
In accordance with article 5 of the Promotion Regulation, the promotion is made;
- Through the use of the promotions merchandise to the medical doctors, dentists and pharmacists,
- By arranging or sponsoring the scientific assembly and product promotion conferences,
- By visiting the docs, dentists and pharmacists by product promotion representatives.
Moreover, the directions to be used / utilization areas of the merchandise accepted by Turkey Prescription drugs and Medical Units Company might solely be printed on the channels outlined by Turkey Prescription drugs and Medical Units Company and on the web web site of the license / allow holder. The publicity and knowledge actions relating to the merchandise by wholly or partially utilizing the brief product info / directions to be used / areas of use authorized by Turkey Prescription drugs and Medical Units Company can’t be carried out.
The healthcare professionals and the schools, the skilled organizations working within the subject of well being, associations or foundations are additionally prohibited to behave in such promotional actions with out the permission of the Ministry of Well being in precept.
The society may be knowledgeable relating to the merchandise for use in vaccination campaigns which might be vital by way of public well being and within the campaigns, that are carried out by the Ministry of Well being for the promotion of well being or in conditions similar to combating epidemic illnesses, by acquiring permission from the Ministry of Well being and throughout the framework of the procedures and ideas to be decided by the Ministry of Well being.
Close to which pharmaceutical merchandise shall not be promoted in accordance with Article 6 of the Regulation on Promotion; it’s clearly regulated that
- the merchandise that aren’t licensed or approved underneath the related laws
- the making promotions of the merchandise licensed or permitted in keeping with relevant laws besides the utilization areas permitted by Turkey Prescription drugs and Medical Gadgets accredited by the Authority,
- the merchandise licensed or permitted by related laws however since not accessible within the native market, allowed to be bought from overseas in alternate by Turkey Prescription drugs and Medical Units Company for a prescription from overseas in alternate
The promotions made in accordance with the Promotional Regulation as completely different from the commercials made inside the scope of Industrial Promoting and Unfair Industrial Practices Regulation, can’t be made with sweepstakes and video games of probability and so forth. Whereas selling the merchandise to the docs, dentist and pharmacist, no money or in-variety benefit will be supplied, not even supplied and promised.
In case that any promotion and / or ads in violation of the related laws with a purpose to circumvent these rules, are topic to administrative sanctions in article 18 of the Prescription drugs Regulation in accordance with the reference within the Regulation.
When the beauty definitions said within the Cosmetics Legislation Numbered as 5324 and Cosmetics Regulation are evaluated, evidently the primary distinction between medicines and cosmetics is to deal with or remedy. It’s potential to say that the merchandise throughout the scope of the Cosmetics Regulation and associated laws, impact on look somewhat than treating or enhancing.
In accordance with clause a, paragraph 5 of article 7 of the Regulation on Business Promoting and Unfair Industrial Practices, commercials which will mislead the buyer instantly or not directly relating to its options reminiscent of its construction, composition, provide, profit, danger, equipment, manufacturing technique and date, suitability, utilization, life and areas, technical traits, yield and efficiency, amount, origin of the great, environmental influence, are prohibited. On this context, creating the impression that the beauty merchandise have therapeutic or therapeutic qualification by presenting them as in the event that they possess the pharmaceutical product high quality, can also be prohibited below this text.