Pharmaceutical Advertising in Denmark - Where did Freedom of Expression go?

Abstract

Differences in the legal approach to advertisement of pharmaceuticals still exist within the European Union even though Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use should have provided a common approach. This essay will give the reader an overview of the Danish legal framework for advertisement of pharmaceuticals by introducing the Danish authorities and regulations governing the marketing and advertising of pharmaceutical products in Denmark. Furthermore 3 hot topics consisting of Disease Awareness, Press Announcements and the use of Quotes and Stories from Patients have been chosen to highlight some of the areas where pharmaceutical companies in Denmark are often finding themselves in a delicate challenge of wanting not to perform advertisement but where plenty of pitfalls offer themselves in order to come within the rules of advertisement. Two landmark cases will be scrutinized in order to give the reader an insight into the legal reasoning of when the advertisement laws are applicable. The Damgaard case will present an interesting discussion of freedom of expression opposed to advertisement of pharmaceuticals while the MerckSerono Nordic vs. Ferring Pharmaceuticals A/S case will give the reader an opportunity to understand the use of the lex specialis principle in regards to advertisement. Finally the author will give his guess at what tomorrow’s hot topic will be in Denmark in regards to the advertisement of pharmaceuticals vs. disease awareness.