What laws and codes of practice govern the advertising of medical devices in Austria?
The advertising of medical devices is regulated in sections 102 et seq. of the Medical Devices Act, (“Medizinproduktegesetz” – MPG, BGBl I 1996/657, as latest amended by BGBl. I Nr. 143/2009). As the AMG, the MPG contains separate rules for advertising to consumers and to health care professionals. Generally, any misguidance of the addressed public has to be avoided. All advertisements for medical devices directed to consumers must clearly reveal the advertising character of the announcement and the product itself must be unambiguously presented as a medical device. Further, Promotion addressed to consumers is not permissible for medical devices, which Ø can only be obtained by prescription; Ø can exclusively be administered by a health care professional; or Ø can only be used under the supervision of a physician or a dentist. Moreover, promotion addressed to consumers is not permitted when it: Ø suggests that the effect of the medical device is better than or equivalent to another tre
