Pharmacy advertising

Pharmacy advertising is strictly regulated by several provincial and federal regulations to protect the public and ensure responsible use of medications. The Ordre des pharmaciens du Québec imposes specific ethical rules on pharmacists regarding advertising, while the Food and Drugs Act and its regulations limit the promotion of prescription drugs in Canada. These rules aim in particular to prevent misleading advertising, excessive promotion of medicines and any encouragement to overconsumption. They also ensure that the information provided to the public is based on acceptable scientific data and respects the ethical standards of the profession. Understanding these restrictions is essential for pharmacists to ensure compliance and avoid any risk of disciplinary action or regulatory prosecution.

The mission of the Ordre des pharmaciens du Québec

The College’s mission is to ensure the protection of the public by ensuring the quality of pharmacy care and services provided to them and by promoting the appropriate use of medications. In Rocket v. The Supreme Court of the Royal College of Dentists of Ontario recognized that the importance of promoting professionalism and preventing irresponsible and misleading advertising outweighs the protection of any commercial interest of professionals. It recognizes the obligation of a professional order to regulate the advertising made by its members.

Code of Ethics for Pharmacists

The Code of Ethics of Pharmacists, in Chapter VII – Advertising and Graphic Symbols, regulates the advertising that may be made by a pharmacist. It states that:

1. The pharmacist must refrain from advertising that is misleading or that is not based on scientifically acceptable data (clause 94);
2. He must refrain from advertising certain prescription drugs, drugs under pharmaceutical control or intended for animals, listed in Schedules I, II and IV of the Regulation respecting the terms and conditions of sale of drugs (s. 95);
3. When advertising, pharmacists must include the following information in such a way that they are clearly legible and written on each page on which such a drug is advertised (s. 96):
   • Any drug or natural health product can cause serious side effects or interactions with other medications.
   • Carefully read the labels, warnings and leaflets provided by the manufacturer and consult your pharmacist when purchasing such drugs or natural health products.
   • Always keep medications and natural health products out of the reach of children.
4. A pharmacist may, inside his pharmacy, indicate on a sign the price charged for the sale of a specified quantity of a drug listed in Schedule I to the Regulation respecting the terms and conditions of sale of medicines, provided that the price indicates the amount of the fees payable (s. 97);
5. Advertising by or on behalf of the pharmacist must not promote the consumption of medications: the pharmacist must not advertise a rebate, rebate, gift, premium stamp, bonus or any other similar benefit applicable to the purchase of a medication (s. 98);
6. The advertisement must not compare the quality of his or her pharmaceutical services to those of another pharmacist, or discredit or denigrate the image or pharmaceutical services provided by another pharmacist (s. 99);
7. The advertisement must not contain a testimonial of support or recognition. It is not up to the public to assess the competence of a professional, whose supporting comments are often based on interpersonal skills, but rather to the professional orders to evaluate the competence of its members through mechanisms put in place to protect the public. (s. 100);
8. Pharmacists must not allow a commercial enterprise to identify them as such in advertising for commercial purposes intended for the public (s. 101);
9. A pharmacist is responsible for advertising made on his or her behalf, unless the name of the pharmacist responsible for it is clearly indicated in the advertisement. Advertising must clearly identify the person solely responsible for these activities (ss. 102, 103). In particular , no person shall advertise in a manner that is false, misleading or likely to mislead the public and gives rise to the belief that such activities are being carried out, directly or indirectly, by a person who is not a pharmacist.
10. If the pharmacist announces the amount of his fees, he must specify certain information, such as (art. 104):
    • the exact amount of the fees involved;
    • the period during which the fee is in effect;
    • the nature and extent of the professional services included;
    • any additional services that may be required and are not included
11. Pharmacists must refrain from using or permitting the use of their professional title, an abbreviation of that title or any reference indicating that they are a pharmacist in an advertisement for goods offered for sale outside their pharmacy (s. 105);
12. Pharmacists may use a reproduction of the graphic symbol of the order, but only in certain circumstances, such as in correspondence, on their business card, on a sign advertising their pharmacy, on a label identifying a medication or a receipt issued following the filling of a prescription (s. 106);
13. Pharmacists must keep a complete copy of any advertisement made by them or on their behalf, in their original form, for a period of 3 years following the date of their last publication or distribution. Upon request, the copy must be given without delay to the secretary of the Order, the syndic, an assistant syndic, an inspector, an investigator or a member of the professional inspection committee (s. 107).

Food and Drugs Act and Food and Drug Regulations

This Act and Regulations govern the marketing of prescription drugs in Canada. Anyone who promotes the sale of a specific health product to Canadians, including health care providers, is subject to and must comply with federal requirements. Not all messages about prescription drugs are necessarily advertising. To talk about advertising, there must be promotion of the product. In addition, only health products authorized for sale in Canada by Health Canada may be advertised. Sections 3(1) and (3) of the Food and Drugs Act prohibit the advertising to the general public of:

• A food, drug, cosmetic or device as a treatment or preventive measure for a disease or disorder listed in Schedule A.1 of the Food and Drugs Act (for example: cancer, depression, STBBI, obesity, diabetes, dementia, asthma, etc.). For example, it is prohibited to promote any prescription drug to the public for the treatment, prevention and cure of a serious illness.
• A contraceptive or a drug manufactured, sold or represented to prevent conception.

In addition, there are specific restrictions on direct-to-consumer advertising of prescription drugs. Any product on the Prescription Drug List is subject to section C.01.044 of the Food and Drug Regulations. For example, the advertising of prescription drugs to consumers is prohibited unless:

• of the name;
• price;
• quantity.

If you are a pharmacist and you want to ensure your regulatory compliance or if you are the subject of a disciplinary complaint related to advertising, Lambert Avocats’ lawyers specializing in professional law can assist you with a strategic and adapted defense. Contact us today for a consultation.