What laws and codes of practice govern the advertising of medicinal products in Germany?
Advertising of medicinal products is governed by the Law on Advertising in the Field of Healthcare (Heilmittelwerbegesetz – HWG), last amended on 26 April 2006. In addition, the provisions of the Law against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – UWG), last amended on 29 July 2009, must be observed. With regard to advertising to health professionals, a large part of the industry agreed to comply with the FSA Code of Conduct on the Collaboration with Healthcare Professionals (FSA-Code of Conduct Healthcare Professionals) of the Organisation “Voluntary Self-regulation of the Pharmaceutical Industry” (Freiwillige Selbstkontrolle für die Arzneimittelindustrie e.V. – FSA) which has been amended recently (FSA-Code of Conduct Healthcare Professionals). The FSA-Code of Conduct Healthcare Professionals takes into account, in particular, the “Common Position of the Assessment in Criminal Law of the Cooperation between Industry, Medical Institutions, and their Employees” (Co