Advertising complaints

Reklamation, /. complaint-, objection claim. Reklame, /. advertisement, advertising puff-ery. 

Australia Voluntary monitoring by companies, but anyone can lodge complaints to APMA Code of Conduct Committee Under Therapeutic Goods Act possible prosecution/fines (currently US 500-15 000) Under APMA fines, obligation to correct advertisement or withdraw it, or expulsion from APMA... 

Netherlands Self-regulation, complaints can be lodged Advertising is prohibited... 

The ABPI is the trade association that represents the manufacturers of prescription medicines. Formed in 1930, it now represents some 80 companies, which produce over 80% of the medicines supplied to the National Health Service (NHS). The ABPI has had a code of practice since 1958, the Code of Practice for the Pharmaceutical Industry, which governs the promotion of medicines to health professionals, and has operated a system whereby complaints made about the advertising of prescription medicines are taken up and considered under the Code. It is a condition of membership of the ABPI to abide by the Code of Practice. In addition, some 70 companies that are not members of the ABPI have given their formal agreement to abide by the Code and to accept the jurisdiction of the PMCPA over complaints made under the Code. Thus, the Code... 

Complaints about pharmaceutical advertising made under the ABPl Code of Practice are taken up by the PMCPA. The PMCPA was established by the ABPl as from 1 January 1993 to administer the ABPl Code of Practice and consists of a director, secretary and deputy secretary. The authority is responsible for the provision of advice, guidance, conciliation and training on the Code of Practice, as well as for the operation of the complaints procedure. It is also responsible for scrutinising journal advertising on a regular basis. 

In the event of the Medicines and Healthcare products Regulatory Agency making a complaint which relates to the safety or proper use of a medicine, and requesting that an advertisement be withdrawn, the respondent company has five working days to respond with its comments. 

If the Code of Practice Panel upholds the complaint, the company is required to suspend the advertisement or practice forthwith pending the final outcome of the case. 

The PAGE has also drawn up a Code of Practice for Advertising OTC Medicines to hecilth professionals and the retail trade this code applies to advertising cind promotion of the medical benefits of OTC medicines to health professioncds and the retail trade. In the event of a complaint, a Complaints Committee established by the PAGE will determine the matter, cind its decision published. 

The WHO does not deal with complaints about unethical promotion or advertising. 

On a day-to-day basis, it is the more informal measures that ensure compliance with the rules, in relation to the promotion and advertising of medicines. These measures are via either the Complaints Resolution Panel (CRP), established by the TG Regulations, or the Medicines Australia Code of... 

Conduct, established by the pharmaceutical industry. Prosecutions for breaches of the TG Act are extremely rare. Complaints about advertising through the CRP or through the industry body Medicines Australia are common and often initiated by competitors. Although the sanctions available to these bodies are not, strictly speaking, enforceable in law, the risk of TGA scrutiny is usually enough to ensure that advertisers comply with their rulings. 

The CRP considers whether advertisements in newspapers, magazines, radio, television or film breach the provisions of the TG Act or the TG Regulations. The CRP acts only on receipt of a complaint and has no power to impose sanctions, although it can refer a matter to the TGA and recommend further action. 

The Medicines Australia Code of Conduct is the self-regulatory body for the pharmaceutical companies in Australia. It has a Committee, which hears complaints relating to prescription-only medicines, and can impose sanctions on Medicines Australia members. This includes fines of up to AU200 000, corrective advertising, and suspension or expulsion of members. 

Unfair competition is generally understood to mean any commercial act that is contrary to honest practice in industrial, commercial and trade matters. Complaints are also filed at Conar by competing pharmaceutical companies. The penalties imposed by Conar range from a mere warning to advertising suspension or change of advertisement. 

The federal law for consumer protection has provision for filing a complaint before the Bureau of Consumer Protection with regard to false or tendentious advertising, which can lead to the imposition of a fine and an order to stop the specific advertising activities. 

Both competitors and practitioners can file complaints with the CGR in the event of non-compliance with the Code of Conduct for Pharmaceutical Advertising (CPA). The CGR can issue a preliminary or final recommendation. It is possible to appeal against such a recommendation the appellate decision will be considered to be a binding advice . Non-compliance with the latter will be deemed to constitute a breach of contract. It is not clear whether decisions of the CGR are binding upon companies that are not members of any of the industry associations that founded this self-regulatory body. 

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