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Chapter Law Content

Title: Pharmaceutical Affairs Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter VII Management of Advertisements on Medicaments
Article 65
Persons other than pharmaceutical dealers are not allowed to make advertisements for medicaments.
Article 66
For publishing or broadcasting medicament advertisement, pharmaceutical firms shall, before publishing or broadcasting, submit all texts, drawings or pictures constituting an advertisement to the central or municipal competent health authority for approval, and shall forward the approval to mass media enterprises for verification. If the competent health authority who issues the approval discovers the content of the medicament advertisement or the way it displays may be harmful or be possibly endangering to the health of the public, it shall issue an order for immediate stop of the display and for remedy to the situation within the given time; failure to comply may be subject to revoking the approval.
No modifications or alterations to the approved contents are allowed during the term being permitted to publish or to broadcast.
No mass media enterprise shall publish or broadcast any medicament advertisement which has not been approved, has been different from the approved particular, has been withdrawn, or has not yet made amendments in time as ordered by the central or municipal competent health authority.
A mass media enterprise being commissioned by a principal to publish or broadcast an advertisement shall maintain the particulars of its principal, including its name (corporate or group name), identify number, business license number, domicile (firm or business office) and telephone number, etc., for six months from the date of such advertisement, and shall not evade, impede or refuse any request by the competent authority for such particulars.
Article 66-1
The term of validity for medicament advertisements approved by the central or municipal competent health authority shall be one year, which shall commence from the date of issuance of the approval document. A period of extension may be applied for and approved by the issuing competent health authority, as necessary. Each period of extension shall not exceed one year. The term of validity referred to in the preceding Paragraph shall be clearly indicated on the approval document of said advertisement.
Article 67
Where medicaments are required to have the prescriptions of physicians or to have been specifically designated by public notice(s) made by the central competent health authority, the advertisements thereof shall be published only in academic medical journals.
Article 68
Medicament advertisements shall not be made in any of the following manners:
1. To publicize the medicament by making use of the name of other person(s);
2. To warrant the efficacy or functions of the medicament by making use of the materials or information contained in a book or publications;
3. To publicize the medicament by means of releasing an interview or news report; or
4. To publicize the medicament by any other improper means.
Article 69
No pictorial or literal description or propaganda regarding the medical efficacy of any product other than the medicaments defined in this Act shall be made.
Article 70
Interviews, news reports or propaganda containing information implying or suggesting medical efficacy shall be regarded as advertisements of medicaments.