With the 16 AMG amendment, which is expected to enter into force is in the autumn of 2012, the German legislature rejected the drug advertising. Also for animal medicines advertising will open up new opportunities this. The proposed changes of the restricted (HWG) based on requirements of the European Court of Justice (ECJ) and the German courts, which had led to a more liberal interpretation of the applicable Heilmittelwerberechts for some years. Though these decisions involved at least directly only medicinal products, are also animal medicines in the wake of 16 AMG novel benefit from generous advertising regulations. The German legislature not so different strict advertising law to regulate human and veterinary medicines. Also for animal medicines the game room at Publikumswerbemassnahmen increases in the future. So may be recruited henceforth compared to lay people to a certain extent with professional authorities by advertising with opinion, testimony or scientific publications, provided that these are objectively required.
Testimonial advertising is permitted in the future, if this does not occur in abusive, repulsive or misleading way. These by no means final examples illustrate already Whither remedy advertising the trip: while the previous absolute Publikumswerbeverboten was relatively clear, what is allowed and what is forbidden, the (UN) admissibility of such advertising depends on future persen indeterminate legal concepts (abusive, disgusting”misleading”) from. Whether with medical opinion or testimonial statements may be recruited, is always an individual decision and will produce soon a colorful Case Law of the courts responsible for this. A public advertising remains prohibited but, when it comes to prescription veterinary medicinal products. Just outside of the pet area, an advertising targeting of non-professionals will remain so legally tricky.
After all, the 16th amendment to the AMG is also to the extent that the requirements of the European Court of Justice case-law, according to which the drug advertising not applicable is, if the transmitted pursuant to 10 11 complete information for medicines prescribed a AMG and the public assessment report at the request of a person. Such information may be provided on the Internet. Summarized is advertising for veterinary medicinal products in the future: instead of legal black and white, many legal grey areas open at least in OTC preparations. This is sent to take advantage of it.