Some recent news releases show that the PRC Ministry of Health
has proposed to revise (the "Proposed Revision") the
current Measures for Inspection of Medical Advertisement
(promulgated on 13 March 2007 and effective as of 1 May 2007) (the
Among all other changes in the Proposed Revision, one hot-button
issue is that, except for general information and name of the
medicine, any other specific information (e.g. usage) regarding all
medicine, including OTC medicines, is no longer allowed in
public-oriented media, and only allowed in professional media.
Compared with the 2007 Measures, which allowed OTC medicine
advertisement to be used in public media, but subject to inspection
by the SFDA. However, the Proposed Revision might ban this
A fundamental change might occur in the whole industry due to
the new change's impact on both new players and media
advertisement revenue. Based on reports, medical advertisement
accounts for 10% to 15% of the annual advertisement revenue of all
traditional media, in particular, television advertisement.
Furthermore, the Proposed Revision will establish a higher barrier
for new players to enter into the OTC medicine market due to the
lack of exposure to the public by way of high volume advertisement
Most pharmaceutical enterprises, especially those OTC medicine
manufacturers, are strongly against the Proposed Revision. SFDA has
also said that they would take opinions and comments from the
pharmaceutical industry into consideration when formulating the new
draft legislation. We will keep an eye on the update of this
Under the existing applicable laws and regulations, medicine
advertisement must be true, valid and in line with the approved
instructions. Should any misleading statement, misstatement or
inaccuracy in the advertisement exist, the approval regarding such
advertisement shall be rescinded and will not be reissued for a
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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What happens if a patient, particularly a mental health patient,.
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