Topical issues of identification of violations of the Federal Law «On advertising» in the part of advertising of drugs

Abstract

Purpose: the article examines the legislative regulation of advertising of medicines, as well as law enforcement practice and assesses the developed Recommendations that regulate the issues of compliance with legislation on advertising of non-prescription medicines. Discussion: the legislation of the Russian Federation on advertising in order to realize the right of consumers to receive bona fide and reliable advertising establishes a number of requirements for advertising of medicinal products. Since 2017, the FAS Russia has been actively working on this issue, which has led to the suppression of the dissemination of specific advertising messages that do not comply with the legislation. Participants of the pharmaceutical and advertising market, in order to comply with the norms of advertising legislation on the basis of the law enforcement practice of the antimonopoly authority and judicial practice, took the initiative to develop recommendations on the application of legislation in this area. In 2020, the processes associated with the onset of the pandemic of the new coronavirus infection showed a positive result from the development of these Recommendations. Results: the adoption of the reviewed Recommendations by pharmaceutical companies will ensure the responsible behavior of subjects of advertising activities in the production and distribution of their products.