Book IV: Criminal and financial penalties

Any advertisement within the meaning of Article L. 5122-1 made to the public or to healthcare professionals for a medicinal product mentioned in 1° of II of Article L. 5121-12 benefiting from an early access authorisation under the same Article L. 5121-12 or for a medicinal product benefiting from an authorisation or a compassionate prescription framework mentioned in Article L. 5121-12-1, for the authorised or controlled indication(s), is punishable by…

Any advertising to the public of a medicinal product within the meaning of Article L. 5122-1 is punishable by one year’s imprisonment and a fine of €150,000: 1° Subject to medical prescription ; 2° Reimbursable by compulsory health insurance schemes, except in the case provided for in the third paragraph of article L. 5122-6 ; 3° Whose marketing authorisation or registration includes restrictions on advertising to the public due to…

Any advertisement within the meaning of article L. 5122-1 which has not obtained approval pursuant to articles L. 5122-8 and L. 5122-9 or which is carried out despite the suspension or withdrawal of approval is punishable by one year’s imprisonment and a fine of €150,000.

Providing samples of medicinal products is punishable by one year’s imprisonment and a fine of €75,000: 1° To persons not authorised to prescribe or dispense medicinal products in the context of in-house pharmacies ; 2° To persons authorised to prescribe or dispense medicinal products in the context of in-house pharmacies, without these persons having expressed a request to do so; 3° Containing substances classified as psychotropic or narcotic, or to…

The grant, offer or promise to persons authorised to prescribe or supply medicinal products of a bonus, pecuniary advantage or advantage in kind, unless these are of negligible value, to promote medicinal products, is punishable by two years’ imprisonment and a fine of €75,000.