5.1 Medicines
It is generally prohibited to advertise a medicine which:
- are misleading or lead to the conclusion that the safety and efficacy of the drug is insured by its natural origin;
- are describing the illness and the successes of treatment in such a way as to self-healing; and
- advertising in an inappropriate and sensationalist way about healing achievements of medicine, by displaying images.
It is prohibited to advertise a medicine that states that the medicine is food, cosmetics or other items of general use.
It is prohibited from advertising a medicine to encourage prescribing and issuing medicines by giving or promising financial or other benefits.
It is prohibited from advertising the following medicines to the general public:
- prescription only medicine;
- medicine which are issued at the expense of health insurance funds;
- medicine which contain intoxicating drugs or psychoactive substances;
- tuberculosis medicine, medicines for sexually transmitted diseases, infectious diseases, chronic insomnia, diabetes and other metabolic diseases.
It is prohibited from advertising drugs directly to children, which are intended for their treatment.
In addition to the above mentioned, the Minister in charge of health affairs may by decision determine other medicines that cannot be advertised, which are published in the Official Gazette of Serbia.
It is prohibited to give free samples to the public.
5.2 Medical devices
The Law on Medical Devices states that when advertising medical devices, clear information must be provided that the product advertised is a medical device and advertisement must not be misleading or contrary to the provisions of this law and other bylaws.
When advertising medicinal devices, the general public cannot be given the impression that:
- the medical device has no adverse reactions;
- prior to the application of medical device, it is not necessary to consult a physician;
- the application of medical device may avoid medical examination, advice or surgical intervention;
- the application of medical device guarantees success in the treatment of disease;
- a particular medical device is best, i.e., better than other medical devices;
- the medical device is good to take or apply when there are no signs of illness, i.e., to improve health;
- the health of the person not using the medical device will be violated, except in the case of a campaign conducted by the Ministry of Health (prevention of epidemics), in accordance with the law;
- the medical device is food, cosmetics or other product of general use;
- the medical device is registered in the Register of Medical Devices, i.e., it will be registered in the succeeding time period;
- the recommended medical device may be replaced with another medical device;
- the medical device is harmless and effective because of its natural origin
When advertising medical devices to the general public, the following cannot be used:
- Medical history or depiction of diagnostic procedures that could lead to incorrect self-treatment or self-diagnosis;
- Inappropriate, distressing, or misleading expressions and visual representations of changes in the human body caused by illness, injury, or the action of a medical device on the human body or body parts.
The advertising of medical devices to the general public cannot show children using medical device, i.e., who have a medical device available without the presence of adults.
Advertising medical device to the general public must not be solely or mainly aimed at children.
Advertising medical device to the general public cannot include naming pharmacies, private practices, specialized shops and wholesale names in which a medical device can be purchased.
Allegations or conclusions about the effectiveness of medical devices that are subject to clinical trials in the Republic of Serbia or abroad cannot be made in the advertising of medical devices to the general public.
Advertising of medical devices issued at the expense of mandatory health insurance funds cannot be advertised.
Among the above, for the sake of public health protection, the Ministry of Health can prescribe other medical devices that cannot be advertised.
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