Medical equipment advertising will usher in the new regulations, the General Administration of Industry and Commerce is seeking comments, until the new regulations officially released, the current "medical device advertising review release standards" will also be abolished.

On the eve of the eleventh day (September 30), the State Administration for Industry and Commerce (SAIC) on its website hung out the "Drug Medical Device Health Food Special Medical Use Recipe Food Advertisement Review Criteria" (draft).

The "draft" drafted by the General Administration of Industry and Commerce, with the aim of cooperating with the implementation of the new "Advertising Law" to further regulate the advertising behavior of drugs, medicine and health food.

Meilun medical note, compared with the current "medical device advertising review release standards", "draft" content has changed a lot, in general, more constraints, more severe penalties, but also added Advantages of innovative medical device products.

We sort it out as follows:

1, according to the current approach, illegal publication of medical equipment advertising, and "Advertising Law", "Anti-Unfair Competition Law" is not specified, the responsible advertisers, advertising operators, advertising publishers, punishments of 10,000 yuan The following shall be fined; if there is any illegal income, a fine of not more than 3 times but not more than 30,000 yuan shall be imposed.

And the "draft" provides that the illegal release of drug advertising, and the laws and regulations are not provided for the responsibility of the advertisers, advertising operators, advertising publishers, ordered to correct the Department of more than 10,000 yuan to 30,000 yuan fine.

"Exposure draft" regardless of whether there is illegal income, the fine is 10,000, the original standard of punishment greatly improved.

2, "draft" new regulations, two types of medical equipment shall not be advertised.

One is for medical treatment of drug treatment;

Second, the drug regulatory departments in accordance with the law to stop the production, sale and use of medical equipment.

This means that not only is the prohibition of production and marketing with the medical products, for various reasons by the drug supervision ordered temporary shutdown, sales, use of medical products, its advertising must be suspended.

3, "draft" new regulations, drug products shall not use advertising spokesperson to do the recommendation, proof.

Star endorsement to be strangled.

4, "draft" new regulations, medical advertising should not contain "free treatment, free gift" and other content, or contain drugs and medical equipment as a gift or prizes and other promotional content, and claims free of charge, presented a specific treatment Disease books, journals, prints, audio and video products and other inductive content.

This means that the industry's existing free experience marketing model, is likely to be completely stopped.

5, "draft" new regulations, pharmaceutical advertising in addition to not use medical research units, academic institutions, medical institutions, or experts, doctors, patients in the name, nor use of state organs and their staff, industry organizations in the name and Image.

6, "draft" new two additional provisions:

Prohibit the use of news reports, medical information services special programs (columns) or to introduce health, health knowledge and other forms of release or disguised release of pharmaceutical products such as advertising.

Prohibit the release of disguised marketing drugs and other products of medicine health health books, journals, print, audio and video products advertising.

This is tantamount to halting all kinds of "soft ads".

7, "draft" new provisions, the use of the Internet to publish drug advertising, must also apply for, without approval shall not be released.

The Internet will no longer be "extrajudicial".

8, "draft" provides that drug advertising must be marked with the product name, manufacturer or document holder name, advice, advertising approval number, registration number or record number and so on.

Note that the current provisions are also required to indicate the above content, but the "draft" plus "significant" word, more binding.

9, the above eight are in the medical device advertising to put more "tight spell", but the "draft" compared to the existing provisions are also relaxed, concentrated in the following content:

In accordance with the existing standards, medical device advertising, must not contain "safe", "non-toxic side effects", "invalid refund", "no dependence", "insurance company underwriting" and other promises, nor contain " "Exact", "latest technology", "the most advanced science", "national products", "fill the gaps" and other absolute or exclusive terms.

And "draft" to delete the latter part of the content.

Does this mean that such terms as "domestic only", "domestic first" and so on, will be legally compliant in medical device advertising?

There is no doubt that this "relaxation" is a big positive innovation of the equipment, which is currently encouraged by the country to develop innovative medical device products also echoed.