Swissmedic monitors the situation – In accordance with its legal mandate, Swissmedic performs regular and targeted control of advertisements promoting medicinal products in print media, TV spots and in electronic media.
30.11.2020
What is the aim of such proactive control?
The proactive control done on a monthly basis aims to ensure the protection and safety of patients through identifying and prohibiting misleading advertisements. Misleading advertisements can encourage potential users to excessively use medicinal products or can provide a false sense of security of advertised product. Swissmedic checks that advertising material complies with the medicinal product information (information for healthcare professionals and information for patients) for the given product approved by Swissmedic. In case of any violations that might jeopardise patient safety, Swissmedic initiates corrective actions to re-establish legal compliance of the objected advertisement.
Why are these controls required?
Patients often decide to buy a prescription-free medicinal product after noticing its advertisement, based on which they have formed an opinion about the specific product. They need to be able to rely on claims made in the advertisement that should be correct, accurate, verifiable and should not raise false expectations about the efficacy and safety of the medicinal product advertised. It is the responsibility of the company to assure the legal compliance of advertisements. By controlling advertisements, Swissmedic ensures that companies meet their responsibility more effectively and that misleading advertisements are prevented.
How are safety-relevant violations of legislation on therapeutic products defined?
Swissmedic intervenes if advertising claims are likely to endanger safety of patients, in particular:
- => advertising claims that state indications incompletely or wrongly
- => advertising claims that do not comply with the medicinal product information approved by Swissmedic
- => advertising claims that guarantee efficacy
- => advertising claims suggesting that medicinal products have no side effects
- => advertising claims implying superiority over other medicinal products
How often does Swissmedic need to intervene?
In 2019, 25 cases had to be opened, as part of post-publication advertising control activities. Twelve cases involved print advertising while thirteen involved advertising of medicinal products in electronic media. Administrative proceedings were initiated in ten cases involving serious violations of advertising legislation. In the other 15 cases, legal compliance was re-established following an official objection in writing.
Either a guaranteed efficacy of the advertised product or the fact that the advertisement did not comply with the medicinal product information approved by Swissmedic had to be objected. (cf. 2019 Annual Report – Control of advertising, Page 50):
What is the legal basis for advertising of medicinal products for the general public?
The Therapeutic Products Act (SR 812.21; Art. 31 and 32) and the Regulation for Advertising of Medicinal Products (SR 812.212.5) provide the legal basis for advertising of medicinal products. Concerning the advertising for the general public, Art. 14-23 of the above-mentioned regulation are of particular relevance. All claims made in the advertisement for medicinal product must comply with the approved version of the medicinal product information (information for healthcare professionals and information for patients) and shall not suggest the guaranteed efficacy of the advertised medicinal product to potential users/patients.
Where can I find more information?
Details about the regulations governing advertising of medicinal products, as well as the related FAQ, can be found on the Swissmedic website at:
For the assessment of medicinal product advertising, numerous articles on related topics have been published in the Swissmedic Journal; see:
Swissmedic will remain vigilant – with the main objective of ensuring that advertising of medicinal products is correct and compliant with current legal requirements, and thus ensuring patients’ safety.
Serious or repeated infringements are forwarded to the Penal Division of Swissmedic.