January 2022 Promotion for a free trial of a medicinal product by Dermatica Limited
Published 15 March 2022
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A healthcare professional complained about a promotional offer presented on Dermatica’s website homepage. The complainant alleged that the website displayed a promotional offer to obtain a medicinal product for free as a 1-month trial.
The MHRA’s view was that an advertisement that presents a promotional offer to obtain a medicinal product for free is likely in breach of regulation 293 of the Regulations, which prohibits the sale or supply of a medicinal product to the public for a promotional purpose by a marketing authorisation holder or as part of a business that supplies medicines. The MHRA considered that the advertisement presented a medicinal product as such and therefore upheld the complaint. The MHRA considered that reference to a “pharmacy fee” to be paid would not be understood by consumers as payment for a medicinal product.
Dermatica Ltd contested The MHRA’s view of the interpretation of regulation 293, but agreed to amend the promotional offer so that it is clear to consumers that they would be paying a non-trivial amount for any medicinal product supplied after consultation, and that the nature and extent of any commitment is made clear to the consumer.