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January 27, 2022

President Iohannis asks Parliament to revise Bill banning radio and TV medication and pharmacy advertising

President Klaus Iohannis asks Parliament to revise the Bill amending both Art. 17 of Law No. 148/2000 on advertising, and Audiovisual Law No. 504/2002, aimed at banning radio and TV advertisement for medicines and pharmacies, informs a release of the Presidential Administration.

In the revision request referred to the Chamber of Deputies’ Speaker, the head of the state argues that the promotion via mass-media ads of medicines must be subjected to restrictions that should however stay proportional to constitutional rights; the respective restrictions are set forth both in Directive 2001/83/EC on the Community code relating to medicinal products for human use, and in Law No. 95/2006 on healthcare reform, which transposed the respective directive into national law.

President Iohannis underscores that the European jurisprudence unequivocally established the exhaustive character of the regulations contained in the respective directive, concerning the advertising of medicines, and that therefore member states may not adopt stricter rules or regulations with different content in this area.

In the transposition of the Directive, the Romanian lawmaker took over the solution of the European lawmaker, completely banning advertising for prescription medication or for medicines that contain stupefacients or psychotropic substances defined as such under international conventions, regardless the means of the advertising. Therefore, apart from this legislative solution, the Romanian lawmaker cannot come up with another legislative solution apart from this, as any other option is outside the framework set by Directive 2001/83/EC, which is why we deem the law needs to be reconsidered, argues the head of the state.

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