Articles for the ‘General’ Category

Misleading claims may infringe competition law

Published 04 March 2025 by Anders Thue Simonsen Vogt Wiig, Norway

Misleading claims (so-called “denigration”) about competitors’ medicinal products or devices may be illegal, as several recent cases from the European Commission and national competition authorities illustrate. Even if the allegations are not incorrect in themselves, their totality and framing (“what is not said”) can still cross the line. Companies must be very careful with this type of “information campaigns”.

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Online platform and the prohibition of sale of medicinal product not subject to medical prescription: the CJEU rules that a factual analysis of the role of the platform must be conducted

Published 23 September 2024 by Fabrice Perbost Harlay Avocats, France

The Court of Justice of the European Union’s judgment of 29 February 2024 sheds light on the question of whether Member States may prohibit the activities of e-commerce platforms operating in the field of medicinal products not subject to medical prescription.

The case involved the www.doctipharma.fr website which was edited and operated by the French company Doctipharma SAS (“Doctipharma”). The website connected pharmacists with customers and allowed the latter to buy medicinal products not subject to compulsory medical prescription from pharmacies websites.

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Changes In Regulatory Framework for Dietary Supplements in Russia: What Is to Be Expected?

Published 11 September 2024 by Changes In Regulatory Framework for Dietary Supplements in Russia: What Is to Be Expected? Lidings, Russia

On 9 July 2024, the State Duma passed Bill in first reading, which focuses on changes in the regulatory regime for the circulation of dietary supplements in Russia.

The proposed amendments would introduce significant changes affecting the circulation of dietary supplements and, to a certain extent, bringing it closer to the regime established for pharmaceuticals and medical devices.

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Advertisement of Medicines Directed to the Public

Published 13 August 2024 by Cristina Hernández Lería Lener, Spain

The regulation of public advertising medicines in Spain aims to ensure that promotional practices are transparent, accurate, and responsible. This includes adhering to authorized technical details, presenting dosage information clearly, and avoiding misleading claims about efficacy. Advertising should be informative and comprehensible, avoiding exaggeration and ensuring that all claims are substantiated by technical data. This article explains in more detail what needs to be considered if you intend to advertise medicines in the Spanish market.

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Webinar: The interplay of the Medical Device Regulation, AI and data protection in medical technology

Published 28 May 2024 by Dr. Oliver Stöckel SKW Schwarz, Germany

In the dynamic world of medical technology, it is essential to always be aware of the latest regulatory requirements. The introduction of the AI Act poses new legal challenges for medtech companies when using AI.

In addition, the requirements of the MDR and data protection must still be complied with, particularly with regard to the handling of sensitive health data. But how exactly does the “magic triangle” of MDR, AI Act and data protection work in medical technology?

Using practical examples we will answer this question and would like to invite you to our free webinar (in German language):

“The interplay of the Medical Device Regulation, AI and data protection in medical technology”
on Thursday, June 13, 2024
from 12:30 – 13:30
via MS Teams

Register for free today and benefit from our in-depth knowledge and expertise in the field of digital health: to the registration

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