CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
E-Cigarettes The regulation of advertising of e-cigarettes is very similar to that of tobacco products. Pharmaceuticals Regulation of advertising in this field is different depending on whether the advertising is aimed at the general public or healthcare professionals. Advertis - ing of prescription-only medicines or medicines con - taining narcotic drugs and psychotropic substances aimed at the general public is completely prohibited. The main rules on advertising of pharmaceuticals to the general public are that: • only duly registered medicinal products for human use that can be used without diagnosis, prescrip - tion or treatment by a general practitioner may be advertised; • any information given in the commercial communi - cation must correspond to the information listed in the approved product summary of the pharmaceu - tical; and • the advertisement must support the rational use of the pharmaceutical by objectively introducing it without exaggerating its properties. Advertising targeting healthcare professionals may only be distributed through channels primarily intend - ed for them (eg, professional publications or audio - visual programmes). Additional content requirements also apply. Comparative advertising of medicinal products and healthcare services is permitted under the Civil Code, but only if directed at professionals. Medical Devices and In Vitro Diagnostic Medical Devices The Advertising Regulation Act introduced industry- specific regulations for medical devices, similar to those for pharmaceuticals, with different regulations depending on whether the advertising targets the gen - eral public or healthcare professionals. In general, only devices that comply with relevant EU and national regulations can be advertised. Commer - cial communications regarding medical devices and in vitro diagnostic medical devices must not reference administrative authorities.
Therapeutic Products Therapeutic products are products which claim to have health benefits but are not pharmaceuticals or medical devices, such as vitamin supplements. Advertising of therapeutic products is legal and is sub - ject to the general advertising rules; however, there are some additional conditions. In relation to advertising therapeutic products, it is prohibited to: • suggest that the product is a medicinal product, a medical device, an in vitro diagnostic medical device or a food for special medical purposes; • suggest that the use of the product will improve or maintain the user’s health; • imply that not using the product could negatively affect a person’s health; and • promote the product based on endorsements from scientists, medical professionals, or individuals who are not experts but whose real or perceived social status could influence consumer behaviour. Additional rules apply under the Radio and Television Broadcasting Operation Act and the On-Demand Audiovisual Media Services Act for foods and bever - ages high in nutrients and substances whose exces - sive consumption is discouraged (in particular fat, saturated fat, trans fatty acids, salt or sodium and sugars). Financial Products and Services Advertising of financial products and services is regu - lated by multiple Acts, such as the Banking Act, the Consumer Credit Act, the Collective Investments Act and the Supplementary Pension Insurance Act. The Consumer Credit Act includes detailed regula - tions on advertising consumer credit. In general, pro - viders and intermediaries must not use unclear, false, misleading, or deceptive information when communi - cating with consumers. If a consumer credit offer or its intermediation includes any cost-related figures, it must also present a representative example contain - ing specific information as required by the Act.
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