31 August 2016: NiQuitin Television Advertisement
Published 4 October 2016
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This publication is available at https://www.gov.uk/government/publications/advertising-investigations-august-2016/31-august-2016-niquitin-television-advertisement
Johnson & Johnson complained about a Medifacts television advertisement for NiQuitin produced by Omega Pharma and broadcast on several TV channels. The complainant was concerned that comparative speed of craving relief claims between NiQuitin Minis and nicotine gums were unsubstantiated.
The complaint was upheld and Omega agreed to remove the comparative claim from all promotional material.
During review of the case, MHRA identified a concern that the advertisement may be regarded by viewers as a recommendation by scientists or healthcare professionals. Following discussions on the advertisement format with MHRA and PAGB, Omega agreed to amend the advertisement in line with the agreed industry principles, including making it clear that the presenter was a sales representative.
0.1 MHRA advice
MediFacts is a television advert format used by several pharmaceutical companies in the over-the-counter medicines sector.
Regulation 289 of the Human Medicines Regulations 2012 prohibits advertising for a medicine that refers to a recommendation by scientists or healthcare professionals. Where a spokesperson provides scientific information or suggests benefits of a treatment in advertising, companies should take active steps to ensure that viewers are not given the impression by words or context that the speaker is an independent scientist or healthcare professional.