“Medicinal products are not ordinary consumer goods"
Regulators have issued a warning to businesses over the promotion of newly licensed weight loss medications and those that are not yet licensed.
A joint warning was issued by the Medicines and Healthcare products Regulatory Agency (MHRA), Advertising Standards Authority (ASA), and the General Pharmaceutical Council (GPhC).
It follows concerns about marketing activity linked to pipeline weight-management treatments and prescription medicines.
Regulators say some businesses are promoting products still under review or not yet authorised for public marketing.
Examples include pipeline products such as newer oral and injectable weight-management medicines. This also includes advertising waiting lists for these treatments.
Newly licensed oral GLP-1 medicines, classed as prescription-only medicines, have also been referenced in promotions.
The CAP Code is clear that medicines must have a licence from the MHRA before they are marked and that prescription-only medicines or prescription-only medical treatments cannot be advertised to the public.
They add that naming products under regulatory review, or using terms such as “GLP-1 tablets” or “new weight-loss tablets”, is likely to breach the Code.
This applies even when businesses are promoting access through waiting lists.
The regulators are urging immediate compliance checks across the sector, warning that enforcement action may follow where advertising rules are breached.
The ASA says it will continue working with the MHRA and GPhC to protect patients and uphold standards.
Julian Beach, MHRA Executive Director of Healthcare Quality and Access, said:
“Medicinal products are not ordinary consumer goods, and improper use or overconsumption may have serious health consequences.
“The Human Medicines Regulations, including those provisions that relate to advertising of medicines, exist to protect the public.
“These Regulations prohibit the advertisement of a medicinal product for which there is no Marketing Authorisation in force.
“Creating consumer demand for a medicinal product by promotion of such a product before any UK regulatory appraisal for safety, quality and efficacy and subsequent authorisation has been completed is not permitted.
“The Regulations also prohibit the publication of an advertisement to the public likely to lead to the use of a prescription-only medicine.
“A consultation with a healthcare professional is the most appropriate way to determine suitable treatment options for an individual patient.
“It is vital that those who are responsible for marketing of treatment services understand the rules in place to protect consumers and remember their professional duty to safeguard healthcare consultations and decision-making.”
Jess Tye, Regulatory Projects Manager at the ASA, said:
“The weight-management sector is fast-moving, and we regularly see new approaches in advertising from businesses.”
“We remain vigilant to these changes and will continue to act swiftly to take action where advertisers are not sticking to the rules.
“We expect advertisers to heed this warning to protect consumers and maintain a level playing field for businesses.”
Roz Gittins, Chief Pharmacy Officer at the GPhC, said:
“We will not hesitate to act where those that we register fail to meet our standards.
“This can include taking enforcement action against the pharmacy, the owner, the Superintendent Pharmacist, or individual registrants.
“We will continue to work collaboratively with other regulators to keep the public safe.”
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