Therapeutic product advertising law

The law on advertising in the healthcare system is a focal point of my work and expertise. You do not have an easy job if you want to advertise healthcare products, pharmaceuticals and medical products or promote your services and forms of therapy as a doctor.

Not so long ago, the “dentist’s wife” had to make marketing statements because it was not allowed to depict a doctor in professional clothing until the end of 2012 – an anachronism both then and today.

Although some paragraphs of the Healthcare Advertising Act (HWG) seem to be self-explanatory, other regulations are difficult to interpret – even for a professional (and for courts). Irritations are bound to arise, particularly due to provisions which are based on European stipulations or change in the course of EU harmonisation.

The Unfair Competition Act (UWG) often has significance in medical law. The increasingly stringent anti-corruption laws and the compliance codes of industry associations (such as AKG e.V., FSA e.V. or the BVMed’s code for medical products) further intensify the situation.

With my many years of experience, I can help you even at the planning stage, support your advertising and conduct all disputes out of court and, if needs be, in front of a court.

• Legally checking and optimizing advertising vehicles and promotional materials in German and English
• Defence out of court and in court of advertising in case of objections from competitors or consumer associations
• Observing and legally reviewing the advertising of competitors, including the development of legal strategies of attack
• Legally reviewing and overseeing the use of social media and other electronic media for advertising purposes
• Pursuing claims to cease and desist in court and out of court and claims to information, damages and call-backs against competitors, particularly by means of interim injunctions
• Performing tailormade, in-house legal courses for employees in marketing, the field service, regulatory departments etc. on advertising compliance laws