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

September 2010

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.

Author

Nicolai Ellehuus

Attorney-at-Law, Novo Nordisk Inc, USA

Nicolai Ellehuus is a Corporate Counsel at Novo Nordisk and based in the Corporate Legal Department in Denmark. His main work areas includes providing advice in marketing law, business ethics, compliance and general corporate law. Prior to joining Novo Nordisk, Mr. Ellehuus worked for an international investment bank where he established a compliance department and functioned as the bank's Group AML Officer. His early career included also working for an agency under the Danish Justice Department and a cross-Scandinavian based law firm. Mr. Ellehuus has a law degree from Copenhagen University in Denmark and a law degree from Pierre Mend's France University of Grenoble in France. He was furthermore awarded Denmark's largest scholarship for one year studies at University of Wisconsin-Madison in the United States.

Company

Novo Nordisk Inc

Novo Nordisk is a global healthcare company with 87 years of innovation and leadership in diabetes care. The company also has leading positions within haemophilia care, growth hormone therapy and hormone replacement therapy. Headquartered in Denmark, Novo Nordisk employs more than 29,300 employees in 76 countries, and markets its products in 179 countries.

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