05.05.2021

The Antimonopoly Committee of Ukraine has provided advisory clarifications on the application of the provisions of the Law “On Protection against Unfair Competition” on the dissemination of misleading information.

The advisory clarifications highlight the Committee’s approach to identifying claims in drug advertising that require special attention and/or validation.

The Committee considers it unlawful to disseminate information in advertising about certain characteristics of a medicinal product that are not properly confirmed, but may affect the intention of consumers to purchase the relevant medicinal products, in particular:

  • emphasis on unconfirmed fast action (for example, “quickly”, “immediately”, “in 15 minutes”, etc.);
  • exaggeration of the properties of a medicinal product (“best”, “most” and similar in meaning), in the absence of confirmed factual data, which may, under certain conditions, create a comparison effect and, accordingly, provide undue advantages in competition to individual business entities;
  • indication of exaggerated or not properly confirmed information about the pharmacological properties of the medicinal product and the features of its use, including in complex therapy;
  • uncertain and non-specific characteristics of the quality of the medicinal product and its price (“high quality”, “reasonable price”, etc.);
  • unconfirmed leadership of the medicinal product (“No. 1 in the world”, etc.).

Therefore, when creating or ordering advertising for medicines, the Committee recommends that its content be analyzed for the presence of the statements listed in the explanations and, in the absence of proper confirmation, their use should be avoided.