"Regulations for the Supervision and Administration of Medical Devices"[5]:Medical device advertising should be by the people's government at or above the provincial level drug supervision and management
management departments for examination and approval; without approval, shall not be published, broadcast, distributed and posted.
Methods for the examination of medical device advertisements
[6]: medical device advertisements review authority.
Article 37 of the Advertising Law: If an advertisement is used to make false propaganda for goods or services, the advertisement supervisory and management authorities shall order the advertiser to stop publishing, and publicly correct and eliminate the influence within the corresponding scope with the same amount of advertising expenses, and impose a fine of not less than double and not more than five times of the advertisement expenses; and confiscate the advertising expenses of the advertiser who is responsible for the advertisement and impose a fine of not less than double and not more than five times of the advertisement expenses; the responsible advertiser shall confiscate the advertisement expenses of the advertiser and impose a fine of not more than double of the advertisement expenses. Five times the cost of the advertisement, and impose a fine of more than double the cost of the advertisement; the circumstances are serious, according to law to stop its advertising business. Constitutes a crime, shall be investigated for criminal responsibility.
Article 24 of the Anti-Unfair Competition Law[8]:If an operator uses advertisements or other methods to make misleading
false advertisements about commodities, the supervisory and inspection departments shall order the operator to stop the illegal behavior, eliminate the influence, and may impose a fine of 10,000 yuan
or more than 200,000 yuan according to the circumstances.
"Drug Advertising Review Measures" Article 20: tampering with the contents of the approved drug advertisements for false propaganda, by the drug supervision and management department shall order the immediate cessation of the release of the drug advertisements, revocation of the varieties of drug advertisements approved by the document number, 1 year will not be accepted within the varieties of applications for approval of the advertisements. Article 21: the arbitrary expansion of the scope of indications (functions), absolute
exaggerate the efficacy of medicines, serious deception and mislead consumers of illegal advertising, above the provincial drug supervision and management departments, once discovered,
should take administrative measures to suspend the sale of the drug within the jurisdiction, and at the same time ordered the illegal publication of pharmaceutical advertising enterprises
in the local
in the corresponding media to publish a corrective notice. The corresponding media to publish a corrective notice. Illegal publication of drug advertisements issued by the enterprise as required to correct the notice, the province or
Supervision and management of pharmaceutical products should be made within 15 working days to lift the decision of administrative coercive measures; need to carry out drug testing, drug supervision and management departments should be issued within 15 days from the date of the test report, to make a decision on whether to lift the administrative coercive measures.
"Medical Device Advertising Review Measures" Article
24 without examination and approval of the release of medical device advertisements as well as the release of medical device advertisements and the examination and approval of the contents of the inconsistency of the advertisement supervisory and regulatory authorities shall be based on the provisions of Article 43 of the Advertising Law shall be punished; constitutes a false advertisement or misleading false propaganda, the advertisement supervisory and regulatory authorities shall be in accordance with the "Advertising Law" or "Chinese People's Republic of China" or "Chinese People's Republic of China **". Advertising Law" or "People's Republic of China **** and the State Anti-Unfair Competition Law" shall be punished in accordance with the relevant provisions.
2
Broadly defined pharmaceutical "POP" advertisements for the regulation of the legal application
Drugs, medical equipment manufacturers or pharmacies, if they do not bear the cost of drugs, medical equipment POP advertisements released in the pharmacy can only be a broad advertisement, but not in the legal sense of the "advertisement. "Advertising. Therefore, if the drug, medical device POP ads released in the drugstore false propaganda, can not be according to the "Advertising Law" but should be according to the "Chinese People's *** and the Protection of Consumer Rights and Interests Law" [9] and "Chinese People's *** and the State Anti-Unfair Competition Law" to regulate.
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Free Masks Slogan
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