PART 2Authorised veterinary medicinal products
Advertising the product10.
F1(1)
No person may issue an advertisement relating to a relevant substance unless that advertisement—
(a)
is set out in such a way that it is clear that the message is an advertisement for the purpose of promoting the supply, sale, prescription, distribution or use of the substance;
(b)
encourages responsible use of the substance while presenting its characteristics in an objective manner;
(c)
contains no information which—
(i)
is misleading;
(ii)
is incompatible with the summary of product characteristics in relation to the substance;
(iii)
might encourage improper use of the substance; or
(iv)
where the relevant substance is a veterinary medicinal product, might suggest that the substance is a feedingstuff or a biocide.
(1A)
No person may advertise a veterinary medicinal product, other than a product which is placed on the market in accordance with Schedule 6, unless—
(a)
a marketing authorisation has been granted in respect of that product, and
(b)
that authorisation is not currently suspended in accordance with paragraph 38 of Schedule 1.
(2)
No person may advertise an authorised human medicinal product for administration to animals (including sending a price list of, or including, authorised human medicinal products to a veterinary surgeon or veterinary practice).
(3)
Paragraph (2) does not apply to the holder of a wholesale dealer’s authorisation who supplies a list of authorised human medicinal products, together with prices, to a veterinary surgeon for use under the cascade provided that—
(a)
the list is sent following a request from the veterinary surgeon to whom it is sent; and
(b)
the list states clearly that the product does not have a marketing authorisation as a veterinary medicinal product, and may only be prescribed and administered under the cascade.
F2(4)
In this regulation, subject to paragraph (5), “relevant substance” means—
(a)
a veterinary medicinal product;
(b)
a medicinal premix;
(c)
an intermediate feedingstuff; or
(d)
a compound feed.
(5)
In this regulation, coccidiostats and histomonostats are not relevant substances.
Advertising the product10.
(1)
No person may advertise a veterinary medicinal product if the advertisement is misleading or contains any medicinal claim that is not in the summary of product characteristics.
(2)
No person may advertise an authorised human medicinal product for administration to animals (including sending a price list of, or including, authorised human medicinal products to a veterinary surgeon or veterinary practice).
(3)
Paragraph (2) does not apply to the holder of a wholesale dealer’s authorisation who supplies a list of authorised human medicinal products, together with prices, to a veterinary surgeon for use under the cascade provided that—
(a)
the list is sent following a request from the veterinary surgeon to whom it is sent; and
(b)
the list states clearly that the product does not have a marketing authorisation as a veterinary medicinal product, and may only be prescribed and administered under the cascade.