The Advertising Standards Authority (ASA) has upheld a ruling that serves as a timely reminder to all advertisers: prescription-only medicines or prescription medical treatments (POMs) are strictly off-limits for marketing to the general public. The case in question involved Menwell Ltd (trading as "Manual") and its Google ad promoting oral minoxidil—a POM.
So, what went wrong? The ad stated, "Buy Oral Minoxidil – £14/Month" and included a prompt in smaller text that said, "Effective in 9/10 Men – The Very Best Treatment in the UK. Proven in Major Studies & Approved By Medical Experts. Book Your Personal Online Consultation".
Under Rule 12.12 of the CAP Code, POMs must not be advertised to the public (this restriction applies to websites, paid search ads, social media, and any other form of media). In its ruling, the ASA noted that oral minoxidil was licensed for the treatment of certain types of hypertension. Although Manual was unlikely to be promoting its medication specifically for that purpose, the simple fact remained that it was a POM and therefore should not have been marketed directly to consumers.
Ordinary over-the-counter (OTC) medicines—including "pharmacy" products—can be showcased to consumers, provided that the ads are accurate and don't mislead. It is also acceptable to refer to consultation or service offerings—particularly for conditions like erectile dysfunction, excessive sweating, weight management issues or lines and wrinkles—provided that any references remain focused on the consultation aspect rather than actively promoting named POMs which might be used to treat those conditions.
This ruling serves as a good reminder of the ASA's power to come after advertisers (including the brand) themselves, as opposed to the platforms hosting the ads. Businesses should avoid getting too "trigger-happy" with POM references, whether overt or subtle.
It is worth remembering that the Medicines and Healthcare products Regulatory Agency (MHRA) also monitors and enforces these rules under the Human Medicines Regulations 2012. It is an offence under the Human Medicines Regulations 2012 to promote the prescription, supply, sale or use of a prescription-only product in any way. Though the MHRA is separate from the ASA, in this sector the two share the same overarching goal: to shield the public from confusing or misleading ads. The MHRA investigates complaints, publishes its findings, and can issue fines for repeat offences or circumstances involving serious risks to human life.
The takeaway is straightforward, and the ASA's message is loud and clear: advertisers must keep POMs out of public-facing ads. Those who ignore this advice could find themselves fielding a very unwelcome enquiry from the regulators.
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