Pharmacists can no longer appear in advertisements for medications and medical devices, with this year’s amendment to the Pharmacist’s Code of Ethics clarifying the rules regarding pharmacists’ participation in advertisements, also prohibiting them from promoting dietary supplements and medical foods. The new regulations also apply to restrictions on the conduct of pharmacists on social media. “Although the code of ethics is not universally binding law, if a pharmacist engages in activities that violate the advertising ban provided for in the code, disciplinary proceedings may be initiated against him,” warns Attorney Katarzyna Kęska-Burska.
The 2023 e-prescription.net report “Poles’ Health Habits” shows that more than half of people (53%) follow a doctor or other specialist’s recommendation when buying medicines. Therefore, there is much debate about whether doctors, pharmacists, and representatives of other medical professions should appear in advertisements.
“The admissibility of pharmacists’ participation in advertising products available in pharmacies really depends on the registration status of the product and the target audience of the advertisement. If we are talking about publicly advertised drugs or medical devices, the ban applies,” says Katarzyna Kęska-Burska, an attorney at the law firm KRK Kieszkowska Rutkowska Kolasiński.
The Medical Devices Act prohibits the appearance of a doctor or pharmacist in advertisements. It’s also against the law for an actor playing a doctor or a pharmacist or anyone whose appearance or clothing might suggest a medical profession to appear in ads. The Ministry of Health pointed out in 2023 that a doctor or pharmacist appearing in a drug advertisement could influence pharmacotherapy decisions made by the patient themselves. Trusting the opinions of people with professional authority, they may be more willing to buy the advertised medicinal product than the one recommended by the doctor during the visit.
“The broadcast of advertisement of a medical device to the public that utilizes the image of a person performing a medical profession is prohibited. It might be problematic to determine if a certain profession is medical or just associated with the medical profession. Here, the legislator has recently introduced the law on some medical professions, where we can find a list of medical professions. These people should not appear in advertisements for medical devices intended for public release. In addition, there are laws regarding certain professions such as pharmacists, physicians, and dentists that provide that these are medical professions, so we automatically exclude these professions from appearing in advertisements for medical devices intended for patients,” the expert explains.
The regulation of the promotion of medicines and medical devices by medical professionals is governed not only by laws, but also by professional codes of ethics. The Pharmacist’s Code of Ethics of the Republic of Poland, amended and adopted in March 2024, specifies the rules for pharmacists’ participation in advertising.
“The amendment actually introduces a new ban that includes advertising not only drugs and medical devices, but also dietary supplements and foods. Talking about medicines and medical devices, this ban has already been regulated by law, so there is no revolution in this context. However, in the case of dietary supplements and food, the legal situation is changing a bit,” the expert points out.
The amendment to the Code prohibits pharmacists from promoting medicinal products, medical devices, dietary supplements, and medical foods. It also emphasizes other provisions, such as the pharmacist avoiding activities that contribute to an increase in the consumption of medicinal products. The previous version only prohibited pharmacists from promoting themselves and their services or participating in illegal or immoral advertising.
“The Code of Ethics is not universally binding law, it’s professional self-regulation. However, if a pharmacist engages in activities that violate this code and the advertising ban provided for in it, he may face disciplinary proceedings. He may be reprimanded, rebuked, suspended or even stripped of his professional rights,” Katarzyna Kęska-Burska emphasizes.
The new regulation also limits pharmacists’ partnerships with drug brands on social media. So far, for example, when running blogs, they could enter into paid partnerships, which is now prohibited, although there are no regulations specifying the penalty for violating this advertising ban.
“In the case of advertising, we can expect warnings or possibly reproaches, it will also depend on the repetition of such violations. If it’s a first violation, it will probably be a warning. However, if a pharmacist repeats such actions, engages in advertising partnerships with manufacturers of dietary supplements and promotes these preparations, we can expect that every subsequent violation will be associated with a slightly more restrictive penalty,” assesses the attorney from the law firm KRK Kieszkowska Rutkowska Kolasiński.
The Medical Code of Ethics also has provisions on advertising. Article 65 indicates that a physician builds their professional reputation based solely on their work results. Consequently, all direct or indirect advertising is forbidden. A doctor should not allow his name to be used for commercial purposes. However, a new draft of the code was adopted in mid-May, which adapts self-regulation to EU regulations. The new Article 70 assumes, among other things, that a physician is entitled to provide information about offered services, under the condition that such information complies with medical ethics. Information about the offered services means any form of message aimed at promoting the image of a doctor or services related to the practice of the medical profession. The doctor is responsible for information about the offered services published by third parties on his behalf or at his request. It is not acceptable to use the authority of a doctor to promote services unrelated to the practice of the medical profession. The new code will come into force in 2025.
