812.21 HMGLPTHLATER

CH AI generated

Art. 32 Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Unlawful advertising

TPA; Chapter 2 Medicinal Products

Open official source Full Act (141 Articles) Machine-readable Markdown (.md)

Legislator summary

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Advertising shall be deemed unlawful: a. if it is misleading or contrary to public order and morality; b. if it may incite an excessive, abusive or inappropriate use of medicinal products; c. {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} if it is for medicinal products which may not be placed on the market nationally or cantonally. Advertising directed at the general public shall be deemed unlawful for medicinal products which: a. may only be supplied on a prescription; b. contain narcotic or psychotropic substances as referred to in the Narcotics Act of 3 October 1951 {note: SR 812.121} ; c. may not, on account of their composition and their intended use, be used without the intervention of a doctor for the necessary diagnosis, prescription or treatment; d. are frequently the object of abuse or which lead to an addiction or dependence.

Art. 32 TPA · Unlawful advertising

Advertising shall be deemed unlawful: a. if it is misleading or contrary to public order and morality; b. if it may incite an excessive, abusive or inappropriate use of medicinal products; c. if it is for medicinal products which may not be placed on the market nationally or cantonally.

Advertising directed at the general public shall be deemed unlawful for medicinal products which: a. may only be supplied on a prescription; b. contain narcotic or psychotropic substances as referred to in the Narcotics Act of 3 October 1951 ; c. may not, on account of their composition and their intended use, be used without the intervention of a doctor for the necessary diagnosis, prescription or treatment; d. are frequently the object of abuse or which lead to an addiction or dependence.

← Art. 31 TPA Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Purpose Art. 33 TPA →

Court Decisions Applying This Provision (22)

VWBES.2004.60 · so (Art. 32 Abs. 2 lit. a HMG)

Apothecary's Hormone Ointment: Market Authorization vs. Magistral Preparation

This provision was cited by the court to justify that advertising an item as a prescription drug is impermissible.

C-3035/2022 (Art. 32 Abs. 2 Bst. a HMG)

Company fined for illegal advertising of migraine medication.

This provision prohibits public advertising for prescription-only medicines, which was the primary basis for deeming the article impermissible advertising.

C-1080/2022 (Art. 32 Abs. 2 Bst. a HMG)

Company Brochure's Detailed Drug Information Deemed Impermissible Public Advertising

This provision establishes that advertising for prescription-only medicines is prohibited, forming the legal basis for the finding that the brochure's content constituted unlawful public advertising.

C-2987/2021 (Art. 32 Abs. 1 Bst. a und b HMG)

Magazine's Pharmaceutical Advertising Violated Regulations

These provisions were applied to find that the article constituted inadmissible advertising due to being unbalanced, incomplete, and unobjective.

C-2987/2021 (Art. 32 Abs. 2 Bst. a HMG)

Magazine's Pharmaceutical Advertising Violated Regulations

This provision was applied to find that the article violated the prohibition of public advertising for prescription-only medicines.

C-2798/2020 (Art. 32 Abs. 1 Bst. a und b HMG)

Swissmedic vs. "Alcohol-free" and "Nature's Healing Powers" Claims

Basis for prohibiting misleading advertising and advertising that could lead to excessive or inappropriate use of medicines.

C-5490/2015 (Art. 32 Abs. 1 Bst. a HMG)

Pharmaceutical Advertising Violations: Misleading Pregnancy Claims

This provision prohibits misleading advertising, and was violated by the advertising claims found to be misleading.

C-5490/2015 (Art. 32 Abs. 1 Bst. b HMG)

Pharmaceutical Advertising Violations: Misleading Pregnancy Claims

This provision prohibits advertising that could lead to excessive, abusive, or inappropriate use of medicines, and was violated as the advertising claims could lead to such use.

C-3090/2014 (Art. 32 Abs. 1 Bst. c HMG)

Pharma Co. v. Advertising Regulations (Tick Repellent & Unapproved Drugs)

Used to prohibit the advertising of medicines that are not permitted to be placed on the market in Switzerland.

C-5023/2013 (Art. 32 Abs. 1 Bst. b HMG)

Federal Administrative Court upholds advertising restrictions on apothecary's products, but overturns moot prohibition on unapproved content.

Cited as a basis for prohibiting the use of the term 'Bestseller' in advertising for medicinal products, as it could lead to excessive, abusive, or inappropriate use.

C-5023/2013 (Art. 32 Abs. 1 Bst. c HMG)

Federal Administrative Court upholds advertising restrictions on apothecary's products, but overturns moot prohibition on unapproved content.

Implicitly used to justify the prohibition of advertising for medicinal products that are not approved in Switzerland.

C-546/2010 (Art. 32 Abs. 2 Bst. a HMG)

Swissmedic v. Aesthetics Company: Advertising Ban and Website Modifications

Cited as the legal basis for prohibiting public advertising of prescription-only medicines.

C-1795/2009 (Art. 32 Abs. 2 Bst. a HMG)

Regulatory Order on Botox and Vistabel Advertising Partially Overturned

This provision prohibits public advertising for prescription-only medicines, which was the basis for the court's decision regarding the advertising of Botox and Vistabel.

C-3441/2007 (Art. 32 Abs. 2 Bst. a HMG)

Pharmaceutical Company Website Access Restrictions

Prohibits public advertising for prescription-only medicines.

C-4173/2007 (Art. 32 Abs. 2 Bst. a HMG)

Online Prescription Drug Advertising: Password Protection Required

Cited as the prohibition against public advertising for prescription-only medicines, which forms the core issue of the case.