Warning on the promotion of medicines

In a joint effort to safeguard public health, the Medicines and Healthcare products Regulatory Agency (MHRA), the Advertising Standards Authority (ASA), and the General Pharmaceutical Council (GPhC) have issued a stern warning to businesses that may be promoting newly authorised prescription-only medicines as well as those lacking proper licensing. Recent trends have shown an uptick in the promotion of pipeline products such as newer oral and injectable medicines for weight management, including advertising waiting lists for these medicines. Additionally, newly licensed oral GLP-1s, classified as prescription-only medicines (POMs), are being referenced in a way that may violate established advertising codes.

According to the CAP Code, medicines must be licensed by the MHRA before they can be marketed, specifically outlined in rule 12.11, which states that prescription-only medicines cannot be publically advertised as per rule 12.12. The regulators are particularly concerned that not only are businesses referencing newly licensed oral GLP-1s by name, but they are also using terminology such as ‘GLP-1 tablets,’ ‘oral GLP-1s,’ and phrases like ‘the new weight-loss tablets,’ which could easily breach the required regulations. The ASA has emphasised that enforcement actions may be taken against those who are not compliant.

Julian Beach, MHRA Executive Director of Healthcare Quality and Access, stressed the critical importance of adhering to these regulations, saying "Medicinal products are not ordinary consumer goods, and improper use or overconsumption may have serious health consequences." Beach added that these regulations are in place to protect the public by prohibiting advertisements for medicines without a valid marketing authorisation. He also highlighted the necessity of consulting healthcare professionals when considering treatment options, reinforcing the duty to safeguard patient health and decision-making processes.

Jess Tye, Regulatory Projects Manager at the ASA, further commented on the dynamic advertising landscape in the weight management sector, stating "The weight-management sector is fast-moving, and we regularly see new approaches in advertising from businesses." She assured that the ASA will remain vigilant and act swiftly against those who fail to comply with the advertising rules, emphasising the need for fairness and consumer protection.

Roz Gittins, Chief Pharmacy Officer at the GPhC, reassured the public of the regulatory body’s commitment, declaring "We will not hesitate to act where those that we register fail to meet our standards." Gittins indicated that enforcement actions could extend to pharmacies and individual registrants who do not adhere to the expected professional standards. All three regulators assured collaboration in their ongoing efforts to maintain public safety in a complex advertising environment.