On May 19, Decree-Law no. 36/2021 was published, amending Decree-Law no. 176/2006, of August 30, (“Medicament Statute”), by introducing a ban on the advertising of price discounts on prescription drugs.
As of July 1, adding to the existing legislation on the prohibition of advertising of these medications, it is established the prohibition of advertising of price discounts for medications whose advertising was already forbidden. Advertising is prohibited in any format, regardless of the medium used, whether generic advertising, or specific advertising for price discounts for these drugs, considering. Advertising for medications is any form of information, prospecting or incentive that aims or results in promoting the prescription, supply, sale, acquisition or consumption, particularly among the general public, wholesale distributors and health professionals.
According to the legal framework for pharmacy shops, pharmacies are still required to visibly disclose relevant information in their relationship with users, which includes discounts on medication prices. But they will not be allowed to advertise to the general public.
The prohibition to advertise some medicines to the general public is already in effect; for example, medicines subject to medical prescription and medicines subsidized by the National Health Service. But advertising for price discounts on these drugs was not yet regulated.
The justification for the introduction of the ban is based on two main arguments: on the one hand, public health protection; on the other, the consequences that discounts may have on equal access to medication by the population. Regarding the protection of public health, discounts on medicines may be a form of incentive to improper use, instead of a rational, safe and effective use of the medicine, with the potential negative effects that the unreasonable use of medicines can have on patients’ health. As far as access is concerned, discounts on these medications are likely to promote unequal access by different populations, depending on whether they live in more populated areas, where there is greater competition between pharmacies; or in less populated areas, where there is less competition, also having a negative impact on the economic situation of smaller pharmacies or pharmacies located in areas with lower population density.
03/03/2022