Title II: Medicinal products for human use

A medicinal product may only be advertised to the general public if it is not subject to medical prescription, none of its various presentations is reimbursable by compulsory health insurance schemes and the marketing authorisation or registration does not contain any prohibition or restrictions on advertising to the general public due to a possible risk to public health, in particular where the medicinal product is not suitable for use without…

The electronic trade in medicinal products referred to in article L. 5125-33 is subject to the provisions of this chapter.

The therapeutic indications which may not be advertised to the general public are determined by an order of the Minister for Health issued on a proposal from the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products).

Advertising to the public for a medicinal product mentioned in article L. 5122-6 as well as advertising campaigns to the public for vaccinations are subject to prior authorisation from the Agence nationale de sécurité du médicament et des produits de santé, known as an advertising approval. This approval is issued for a period which may not exceed the duration of the marketing authorisation for medicinal products subject to this authorisation….

Advertising of a medicinal product to members of the health professions authorised to prescribe or dispense medicinal products or to use them in the exercise of their profession is subject to prior authorisation from the Agence nationale de sécurité du médicament et des produits de santé, known as an “advertising approval”. This authorisation is issued for a period which may not exceed the duration of the marketing authorisation for medicinal…

The requests for approval provided for in Article L. 5122-9 are made according to a timetable and during a period determined by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé.

Free samples of medicinal products may only be given to persons authorised to prescribe or dispense medicinal products in the context of in-house pharmacies at their request. These samples may not contain substances classified as psychotropic or narcotic, or to which the narcotic regulations apply in whole or in part. They must be identical to the pharmaceutical specialities concerned and bear the words “free sample”. Samples may not be given…

Persons providing information by canvassing or canvassing for medicinal products must have sufficient scientific knowledge evidenced by diplomas, titles or certificates appearing on a list drawn up by the administrative authority. Employers of the employees mentioned in the first paragraph must also ensure that their knowledge is kept up to date. They must instruct them to report to the company all information relating to the use of the medicinal products…

Notwithstanding the provisions of Article L. 5122-11, the following may also engage in the activities defined in the first paragraph of that Article: 1° Persons who were engaged in such activities for at least three years in the ten years prior to 19 January 1994 ; 2° Persons other than those referred to in 1° who were engaged in these activities on 19 January 1994, provided that within four years…

The provisions of articles L. 5122-2, L. 5122-3, the first paragraph of article L. 5122-6, articles L. 5122-7, L. 5122-8, L. 5122-9 and L. 5122-11 are applicable to advertising for generators, kits and precursors.