For a manufacturer, agent, distributor or importer of a device referred to in Article 1 of Regulation (EU) 2017/746 to carry out, cause to be carried out, disseminate or cause to be disseminated advertising subject to prior authorisation when the Agence nationale de sécurité du médicament et des produits de santé has not issued, has refused to issue, has suspended or has withdrawn the authorisation referred to in Article L. 5223-3, is punishable by one year’s imprisonment and a fine of €150,000.