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The Pharmaceutical Journal
Vol 271 No 7262 p198
16 August 2003

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Related websites
MHRA: consultation document MLX 288 (PDF 75K)
NHS update: Removing advertising restrictions (more)


Lifting advertising ban could lead to more switches to pharmacy medicines

A wider range of pharmacy medicines could be available next year

More medicines are likely to be switched to pharmacy medicine status next year as a result of plans to lift the current ban on advertising non-prescription medicines for a range of chronic diseases.

The Department of Health announced on 11 August that it plans to amend the Medicines (Advertising) Regulations 1994 (see Panel). This will allow a much wider range of medicines to be advertised to the public. New regulations are expected to be put in place by the end of the year. The Medicines and Healthcare products Regulatory Agency said that of 53 responses to its consultation document MLX 288, 31 were broadly in favour of removing the restrictions, although eight of these mentioned specific areas of concern. Thirteen responses opposed the proposal or expressed significant concern.

Areas where restrictions are to be lifted

• Bone diseases
• Cardiovascular diseases
• Diseases of the liver, biliary system and pancreas
• Endocrine diseases
• Genetic disorders
• Joint, rheumatic and collagen diseases
• Psychiatric diseases
• Serious disorders of the eye and ear
• Serious gastrointestinal diseases
• Serious neurological and muscular diseases
• Serious renal disease
• Serious respiratory diseases
• Serious skin disorders

Sheila Kelly, director of the Proprietary Association of Great Britain, told The Journal that lifting the advertising ban will remove another hurdle facing pharmaceutical companies that want to have their products reclassified. “If companies can’t advertise their products then switching is not going to happen,” she said. Last year, a Royal Pharmaceutical Society working group produced a list of around 30 therapeutic areas in which it believed there were products that could be reclassified as pharmacy medicines (PJ, 2 February 2002, p131). Mrs Kelly said that without changes to the regulations, advertising would only have been permitted for about five of these categories.

The Medicines and Healthcare products Regulatory Agency has already revised its procedures for reclassifying medicines and companies can now make applications at a time of their choosing rather than waiting for designated slots every six months.

“There is a lot of work going on behind the scenes at companies,” Mrs Kelly said. “The switches that are likely to occur will be complex and will be accompanied by a range of information for patients and pharmacists.”

The PAGB will be leading the development of new therapeutic area guidance on what can and cannot be said when advertising products in specific categories. The new regulations will be put forward once this guidance is finalised. Guidance will be developed first for Government priority areas such as cardiovascular disease. The promotion of 75mg aspirin for the prevention of heart attacks or strokes could be an early candidate under the new rules.

Lord Warner, Parliamentary Under-Secretary of State for Health, stressed when making the announcement that the ban on advertising prescription medicines directly to the public will remain in place.

He added that a European ban on advertising products for chronic insomnia, diabetes and other metabolic diseases, malignant diseases, serious infectious diseases (including HIV and tuberculosis) and sexually transmitted diseases to the public will not be changed.


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