Law on Advertising in the Health Care System

Attorneys for the Pharmaceutical Industry, Online Pharmacies and Medical Device Manufacturers in Germany: Legal Representation in Competition Law Matters

ZELLER & SEYFERT is a litigation law firm whose attorneys are specialized in representing in particular the pharmaceutical industry, pharmacies, online pharmacies and medical device manufacturers in competition law matters before German courts and before the medical and pharmaceutical associations in Germany. Among our clients are also in particular doctors, dentists, veterinary surgeons, plastic surgeons, therapists, internet pharmacies and mail order pharmacies, pharmaceutical companies and drug manufacturers.

The German Law on Advertising in the Health Care System contains special provisions against unfair and misleading advertising in the health care system. This special law is based on the general German law against unfair competition. The German Law on Advertising in the Health Care System is applicable not only to the advertising of drugs, pharmaceutical products and medical devices, but also to certain procedures, treatments and objects, if the advertising relates to the detection, elimination or alleviation of diseases and ailments of all kinds. The German Law on Advertising in the Health Care System is also applicable to certain cosmetic products and products for body care and personal hygiene. The German Law on Advertising in the Health Care System also covers certain advertising for plastic surgery. Google

Typical cases of application of the German Law on Advertising in the Health Care System:

  • Unfair and misleading advertising with drugs, pharmaceutical products, medical devices, procedures and treatments
  • Online pharmacies / internet pharmacies / mail order pharmacies
  • Freebies, discounts, coupons and loyalty programs (bonus credits etc.)
  • Advertising of cures for mental disorders (psychotropic drugs)
  • Advertising of sleeping pills and other sleep-inducing drugs
  • Advertising of plastic surgery
  • Advertising of cosmetics and products for body care and personal hygiene
  • Advertising of prescription drugs and other prescription medicines
  • Advertising of homeopathic medicinal products
  • Sweepstakes and other sale promotion measures
  • Package inserts and leaflets
  • Advertising of distant treatments or remote treatments (e.g. online medical advice)
  • Advertising with the help of case histories (anamneses) and experience reports
  • Advertisements playing with the customer’s fear of illness (anxiety advertising)
  • Advertising with the help of illustrations or pictorial representations
  • Advertising with medical articles and medical reports written by experts
  • Mandatory statements affixed to medicines
  • Mandatory statements affixed to cosmetic products

Law on Advertising in the Health Care System in Germany: Legal Representation before German Civil Courts

ZELLER & SEYFERT is a German litigation law firm whose proficient litigating attorneys have represented – amongst others – the pharmaceutical industry, pharmacies, online pharmacies and medical device manufacturers for many years in all legal aspects before German courts. Head of the IP and Competition Law department of our law firm is Attorney Dr. Christian Seyfert, LL.M. (USA). Christian is a Certified IP Law Specialist and a Certified Copyright & Media Law Specialist. He is an experienced litigator regarding the German Law on Advertising in the Health Care System. He is easy to talk to. Please just contact him to talk with him about your case.

Law on Advertising in the Health Care System in Germany: Legal Representation in Summary Proceedings (Speedy Trials)

Stopping unfair competition of other pharmaceutical companies, medical device manufacturers, online pharmacies, etc. is regularly of particular urgency. Our attorneys will quickly enforce the rights of your pharmaceutical or medical company before the competent court in Germany and seek quick injunctive relief to the benefit of your company. Please just contact us for further details.

Law on Advertising in the Health Care System in Germany: Cease and Desist Letters – Pre-Litigation Representation out of court

As a claimant of unfair competition claims in the health care sector, your company regularly has the burden, according to German law, to send the unfair competitor a cease and desist letter out of court in order to inform the unfair competitor about its legal violations against the German Law on Advertising in the Health Care System. Rushing with an unfair competition claim to court without prior informing the unfair competitor about its legal violations against the German Law on Advertising in the Health Care System may otherwise have the consequence that your company has to pay for the entire court fees and attorney fees of both sides, even if your company later wins the lawsuit.

Law on Advertising in the Health Care System in Germany: Defending the Pharmaceutical Industry, Online Pharmacies and Medical Device Manufacturers against Unfair Competition Claims of others

If competition law related claims concerning the German Law on Advertising in the Health Care System have been put forward against your medical or pharmaceutical company in Germany, our attorneys will quickly assess the legal situation for your company. A quick response by a German attorney is regularly needed, if your company has already received documents from a German court. Our attorneys will make sure to meet all pending deadlines set by the German court on behalf of your company. Litigation in Germany regarding the German Law on Advertising in the Health Care System is our attorneys’ forte. Please just contact us to talk with our attorneys about your case.

Legal Representation before the Medical and Pharmaceutical Associations in Germany

There are certain rules of professional conduct in Germany for the medical and pharmaceutical profession. A violation of these rules may result in supervisory proceedings started by the German medical and pharmaceutical associations. Our attorneys will represent your company in proceedings before the German medical and pharmaceutical associations and help your company improve its legal position before the German authorities.

Attorneys for Online Pharmacies in Germany: Legal Analysis of your Online Pharmacy whether it complies with German Law

The best way to protect your online pharmacy / internet pharmacy / mail order pharmacy from lawsuits in Germany is to build up a website which is entirely in compliance with German law. Our attorneys are familiar with German and EU internet law, in particular also with the German Law on Advertising in the Health Care System. Our attorneys will analyze the online shop of your online pharmacy / internet pharmacy / mail order pharmacy in detail and recommend necessary improvements and changes.

ZELLER & SEYFERT will check in particular the following legal texts on your website:

Your Contact Person in Health Care and Competition Law Matters

Do you still have questions concerning the German Law on Advertising in the Health Care System? Your contact person with ZELLER & SEYFERT concerning issues related to the German law against unfair competition and the German Law on Advertising in the Health Care System is Attorney at Law Dr. Christian Seyfert, LL.M. (USA). Christian is a Certified IP Law Specialist as well as a Certified Copyright & Media Law Specialist. He is the head of the IP and competition law department with ZELLER & SEYFERT. Please just contact Christian by e-mail (seyfert@zellerseyfert.com) or by phone (+49 (0)69-58 80 972-40).

 

Recommended links:

s according to § 4 of the (in German language)

Federal Court of Justice of Germany: To the admissibility of shopping vouchers in the advertising of prescription drugs (Judgment of May 8, 2013, Case I ZR 90/12) (in German language)

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