PART 14Advertising
CHAPTER 3Monitoring of Advertising
Injunctions
Application for injunction: accuracy of factual claim312
1
This regulation applies if—
a
an application for an injunction is made under regulation 311; and
b
the advertisement in question makes a factual claim about the medicinal product to which it relates.
2
The court may require any person appearing to it to be responsible for the advertisement to provide evidence as to the accuracy of the factual claim.
3
The court may impose a requirement under paragraph (2)—
a
on the application of any party to the proceedings for the injunction; or
b
of its own motion.
4
In deciding whether or not to impose a requirement under paragraph (2) the court must have regard to the interests of any person who would be subject to, or affected by, the requirement.
5
A requirement imposed under paragraph (2) must specify the time within which the evidence must be provided.
6
If the person on whom a requirement is imposed under paragraph (2) fails to comply with it the court may infer that the factual claim is inaccurate.
7
A person may fail to comply with a requirement imposed under paragraph (2) by—
a
not providing any evidence; or
b
providing evidence that the court considers inadequate.