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812.21 HMGLPTHLATER CH

Art. 31 Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Principle

TPA; Chapter 2 Medicinal Products
Open official source Full Act (141 Articles) Machine-readable Markdown (.md)

Art. 31 TPA · Principle

In principle, it shall be permitted to: a. advertise all types of medicinal products if the advertising is directed exclusively at persons who prescribe or dispense them; b. advertise non-prescription medicinal products to the general public.

The Federal Council shall lay down the conditions for the publication of price comparisons for prescription medicinal products.

It may, in order to protect health and prevent fraud, restrict or prohibit the advertising of certain medicinal products or groups of medicinal products and enact regulations concerning cross-border advertising.

← Art. 30 TPA Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Purpose Art. 32 TPA →

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Court Decisions Applying This Provision (4)

C-5023/2013 (Art. 31 Abs. 1 Bst. b HMG)
Federal Administrative Court upholds advertising restrictions on apothecary's products, but overturns moot prohibition on unapproved content.
Implicitly used to allow public advertising for non-prescription medicines, setting the general framework for the subsequent restrictions.
C-546/2010 (Art. 31 HMG)
Swissmedic v. Aesthetics Company: Advertising Ban and Website Modifications
Cited as the general permission for advertising medicinal products, which is then restricted for prescription-only medicines.
JAAC 70.92 (Art. 31 al. 2 HMG)
Pharmaceutical Price Comparison Advertising Permitted
The court found that the prohibition of public advertising for prescription drugs violated this article, as it generally allowed price comparisons for such drugs.
11 04 85 1 · lu (Art. 31 f. HMG)
Pharmaceutical Advertising Injunction Upheld
Cited in the introductory/summary paragraph regarding the context of the case (drug advertising).