The UK Medicines Control Agency (MCA) has proposed a major extension of its own powers in relation to pharmaceuticals advertising. It states in its consultation letter (MLX/239 of 21 August 1997) that “certain parts of the [existing advertising] legislation are being misinterpreted by industry and, therefore, require revision”.
The proposed revisions are highly controversial since they would apply criminal penalties where an advertisement is issued that does not comply with the precise particulars listed in the summary of product characteristics, and provide for the MCA to have pre-vetting powers backed by criminal sanctions. This means that companies ignoring an instruction from MCA staff, “acting on behalf of the UK health ministers”, will be committing a crime even if the advertisement is entirely lawful. There are no rights of appeal and no account is taken of the roles of the existing regulatory and self-regulatory bodies.
The UK Advertising Association and the Proprietary Association of Great Britain have already indicated their strong opposition to the proposals. The deadline for comments to the MCA is 10 October 1997.
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