Advertising, marketing and PR
Better advertising is definitely needed, especially in the so drastically regulated healthcare sector. Many businesses are certainly not lacking in ideas or courage.
I rather experience downright intimidation and a certain resignation when faced with the question of which advertising statements hold up under law. No wonder, when (sometimes self-appointed) competition associations issue warnings about things that are apparently self-evident, partly with nit-picking that sounds rather like quibbling than evidence of misleading claims, and present consumers as the under-age persons they are definitely not.
Alongside the Healthcare Advertising Act (HWG) and the Unfair Competition Act (UWG), the Health Claims Ordinance, the Foodstuffs Information Ordinance (LMIV) and increasingly stringent anti-corruption laws do not make life in the healthcare sector any easier.
Apart from pharmaceuticals, medical products and nutritional supplements are also subject to various requirements and restrictions. You should also not bring cosmetics, biocides and pesticides onto the market without consulting or receiving advice from a lawyer.
For better advertising.
I naturally cannot and do not want to rescind the prevailing rules for you. However, after we have carefully explored the depths of statements and interpretations together, you end up feeling sure that we have found the best statements for your product or service, both from an advertising as from a legal point of view.
In a world in which increasingly self-assured patients can more and more inform themselves – and they increasingly make use of this – everyone involved in the “Healthcare Mission” should convey their message to patients correctly and safely.
For me, that is more than good marketing:
At the end of the day, it is your law.
I will of course defend you professionally and with commitment if someone accuses you of making alleged errors – out of court and, if needs be, before a court.