Natasha Naidoo, director at Norton Rose Fulbright SA, was recently invited to exclusively author the South African Chapter of the 5th Edition of The Legal 500:  Pharmaceutical Advertising Comparative Guide. The Chapter provides a comprehensive overview of Pharmaceutical Advertising Laws and Regulations applicable, not only to the pharmaceutical industry but also to healthcare practitioners in South Africa. It provides an overview of the healthcare legislation, regulations and codes applicable in the pharmaceutical and healthcare context.

The Chapter will be relevant to pharmaceutical companies as it sets out the position on advertising of medicines and what constitutes “advertising” in terms of the relevant legislation, regulations and codes, what they can and cannot advertise, who the target audience may be, and what medicines may and may not be advertised. It furthermore provides an insight into the restrictions applicable to press releases, comparative advertising, advertising of medicines not yet authorised by the Regulator, and what information is required to be included and excluded in advertising medicines categorised under the various schedules.

The Chapter sets out the position for healthcare practitioners who liaise with pharmaceutical company representatives regarding medicines and medical devices, and those HCPs who part take in both local and international meetings aimed at facilitating better patient care outcomes. It also provides clarity regarding payment to HCPs for services rendered to pharmaceutical companies, what information must be restricted for viewing only by HCPs on pharmaceutical websites and how this information should be published. It deals with the anti-bribery rules applicable to communications between pharmaceutical companies and HCPs, and explains what constitutes an inducement of a HCP by a pharmaceutical company, as well as possible sanctions that might be handed down by regulatory bodies for non-compliance by pharma companies and HCPs with the relevant laws and regulations. It speaks also of the South African Pharmaceutical Rules relating to the Code of Conduct for Pharmacists.

The Legal 500’s Country Comparative Guides are produced in association with the world’s leading lawyers and provide practical overview of the laws and regulations in key jurisdictions, for specific practice areas. Click on the link to view a copy of the South African Chapter.