The heavily regulated healthcare sector, in particular, could certainly benefit from better advertising. Many companies certainly do not lack ideas or courage.
Instead, I often encounter a real sense of intimidation and a certain degree of resignation when it comes to determining which advertising claims are legally defensible. This is hardly surprising when competition associations – some of them self-appointed – issue warning letters over seemingly obvious matters, sometimes relying on technicalities that appear more like semantic hair-splitting than genuine concerns about misleading advertising and that portray consumers as less capable of making informed decisions than they really are.
In addition to the German Advertising of Medicinal Products Act (HWG) and the German Act Against Unfair Competition (UWG), the Health Claims Regulation, the Food Information Regulation and increasingly strict anti-corruption legislation add further complexity for the healthcare sector.
In addition to medicinal products, medical devices and food supplements are also subject to numerous requirements and restrictions. Cosmetics, biocidal products and plant protection products should likewise not be placed on the market without appropriate legal advice and support.
Of course, I cannot and do not intend to make the applicable rules disappear. But by carefully exploring the boundaries of permissible claims and interpretations together, you can be confident that we have found the best possible wording for your product or service – both from a marketing and a legal perspective.
In a world where increasingly well-informed patients are able to research health matters for themselves – and are making greater use of that opportunity – everyone committed to the “mission of health” should be able to communicate their message to patients clearly, effectively and in a legally compliant manner.
To me, that is about more than good marketing:
Of course, I will also defend you with expertise and commitment if you are accused of alleged violations – both out of court and, where necessary, in court.
