September 2021 Promotion of sildenafil by Hims UK Limited trading as Hims
Published 14 December 2021
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Health Bridge Limited complained about an advertisement for sildenafil which appeared on Facebook. The complainant alleged that an advertisement for the prescription-only medicine, sildenafil, was proactively distributed via social media.
The MHRA did not uphold the complaint about advertising a prescription only medicine. Hims UK Limited clarified that the promotional content advertised was for an over-the counter medicine. This was confirmed by the inclusion of the statutory information for this medicine at the bottom of the advertisement.
However, the advertisement also made the claim: “get hard or your money back”. MHRA’s view was that this claim suggested that the effects of taking sildenafil were guaranteed and gave the impression that the money-back offer is directly related to treatment results i.e. “having an erection” and was therefore in breach of regulation 287 (1a) of the Regulations which provide that:
287 (1) A person may not publish an advertisement relating to a medicinal product that suggests that the effects of taking the medicinal product— are guaranteed
The MHRA position on the interpretation of regulation 287(1a) is also supported by long-established guidance available in the Consumer Code for Medicines operated by the Proprietary Association of Great Britain (PAGB), specifically Rule 18.
Hims UK Ltd disagreed with MHRA’s view of the interpretation of the Regulation, but confirmed that they have withdrawn the advertisement from use.