At the very beginning, it is worth considering the concept of a "medical device". Its legal definition is included in the content of the EU Regulation of the European Parliament and of the Council (2017/745).
According to the content, in simple terms, a "medical device" means a device, tool, appliance, software, implant, reagent, material or other article that has been intended by the manufacturer for medical use. An example of such a product may be an ultrasound machine, an X-ray machine, implants, as well as items and goods such as: corrective glasses, contact lenses, cosmetic lasers for removing tattoos and hair, hyaluronic acid and botox.
Treatment room
Definition of Medical Device Advertising
You may be surprised, because although the new regulations refer to the advertising of medical devices, they do not define the term "advertisement" anywhere. However, they describe very broadly to which marketing activities the new regulations apply. The main rule regarding the advertising of medical devices is not to mislead patients or users.
Advertising may not:
suggest any other use of the product than that for which conformity assessment was carried out.
create a false impression about the product’s properties or about the diagnosis/treatment,
not to inform about the probable risk associated with the use of the product in accordance with its intended purpose,
attribute to the product functions and properties that it does not possess,
use the image of people performing medical professions or those who pretend to be medical professions, or present people presenting a given product in a way that suggests or creates the appearance of performing a medical profession (to put it simply, actual doctors or actors playing the role of doctors cannot appear in advertisements),
directly call on children to buy medical products or facebook database persuade their parents or other adults to buy advertised products for them,
concern products intended for use by users other than laypeople (this means that products intended for use only by physicians cannot be advertised).
In addition, advertising directed to the public, e.g. in social media, must be conducted in a manner understandable to so-called laypeople, i.e. people who do not have medical education.
So what is not advertising?
According to the new law, the following are not considered advertising:
information provided on product packaging and attached to medical devices,
trade catalogues and price lists which contain only the trade name, price and/or technical specifications.
Other Industries with Strict Advertising Restrictions
In addition to the medical and legal industries, there are other industries that are subject to strict legal regulations. For example, the tobacco and alcohol sectors are subject to restrictions resulting from the need to protect public health.
Alcohol Advertising Ban
Advertising alcohol products on the Internet is subject to strict legal regulations that limit access to such content for minors. Currently, alcohol advertisements are only allowed on sites intended for adults.
Prohibition on the promotion of tobacco products and goods
EU and national law imposes strict restrictions on the promotion of tobacco products. According to the current EU directive, all forms of advertising these products are prohibited. This also includes the space of global communication, i.e. the Internet.
Gambling and bookmaking
Under the Gambling Act, which came into force on April 1, 2017, casinos cannot be advertised in Poland. According to Google, gambling ads must be directed exclusively to adults. Entities conducting such activities must obtain appropriate licenses and comply with regulations regarding both the method and scope of promoting services.
Erotic industry
On social media, as well as in Google's policy, we can find clear wording about any promotional content of a sexual nature. The total ban in the erotic industry applies to, among others, graphic ads, application ads, display ads and the possibility of customers leaving reviews.
Summary
It is very important to remember that each industry has its own standards, which are often regulated by legal rules that must be followed. Promoting your business in sectors that encounter certain restrictions or advertising bans, or are inconsistent with the principles of ethics and dignity of the profession, requires creativity and knowledge of alternative methods.
