Court of Justice of European Union Clarifies Advertising Rules for Medicinal Products Not Subject to Medical Prescription or Reimbursement
On 22 December 2022, the Court of Justice of the European Union delivered a judgment in response to a reference for a preliminary ruling from the Constitutional Court of Latvia, concerning the application of Directive 2001/83/EC on the Community code relating to medicinal products for human use (the Directive). The judgment clarifies that the concept of “advertising of medicinal products” within the meaning of the Directive not only covers the advertising of a specific medicinal product, but also extends to advertisement campaigns for categories of medicines by pharmacies. The judgment also holds that Member States are not precluded from prohibiting advertisements of a type not listed in Article 90 of the Directive, if the aim of the national measure is to safeguard public health by discouraging irrational use.
Please find attached a note discussing this judgment. A link to the judgment is included in the note.