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CNMC Supports Removal of Advertising Restrictions for Health Products

25.04.2024 | 🇵🇹 Portuguese competition authority

The CNMC positively assesses the elimination of advertising restrictions for health products like glasses, contact lenses, and pregnancy tests, as the Ministry of Health prepares a new Real Decreto to replace prior authorization with a declaration of responsibility for certain low-impact health products.


The CNMC has reviewed a draft Royal Decree regulating the advertising of health products, updating allowed content and administrative procedures for companies to advertise their products. The new decree will allow a statement of responsibility instead of prior authorization for specific health products like contact lenses, glasses, dental prosthesis fixatives, condoms, and pregnancy tests.

The decree will also regulate the promotion of health products to healthcare professionals, prohibiting offering incentives to them and overseeing sponsorship of scientific meetings.

The CNMC supports the decree's positive changes but recommends continuous evaluation in the future, suggesting clearer definitions for product accessibility, the scope of products under the statement of responsibility regime, and the requirement for disclaimers about potential side effects in advertising.

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