Legal mandate: surveillance of reporting and advertising for medicinal products

Swissmedic has been mandated by the legislator to implement the Therapeutic Products Act and associated ordinances in Switzerland. These include the Medicinal Products Advertising Ordinance, which applies to media representatives when reporting on medicines.

Swissmedic is primarily concerned with patient safety when reviewing reports in the media and advertising. It therefore carries out regular reviews, which include print, electronic (radio and TV) and online media, as well as social media platforms. Swissmedic analyses reporting and advertising to ensure that it is scientifically sound, does not make any false promises with regard to efficacy or safety, and does not induce people to take excessive quantities of medicinal products or lead them to believe that medicinal products are safer than they are.

According to the Medicinal Products Advertising Ordinance, information of a general nature on health or diseases is permitted provided it does not refer directly or indirectly to medicinal products. However, it is possible to mention medicinal products in the context of general-interest topics if the following three conditions are respected:

• For reasons of completeness, all treatment options must be mentioned, including non-medicinal ones.
• The information provided must also be balanced, without specifically highlighting any of the treatment options mentioned or presenting them as being superior to the others.
• Finally, the information must be objective and disclose both the positive and negative aspects of the treatment options.

A promotional nature – and thus an infringement of the Medicinal Products Advertising Ordinance – is indicated if individual medicinal products are singled out and their advantages specifically highlighted. For example, reports of patients’ experiences or success stories, price comparisons and recommendations are classed as advertising.

Various media have claimed that Swissmedic is suppressing “almost all reporting on weight-loss jabs”. This statement is incorrect, as the key words “weight-loss jabs” («Abnehmspritzen») alone find around 1,350 publications on this topic in the Swiss media database for 2024. There are requirements under advertising law that must also be observed in editorial articles, not just for medicinal products but also for other product categories (alcohol, tobacco). At the present time, there are four ongoing proceedings between Swissmedic and media publishers. In one case, the Federal Administrative Court upheld Swissmedic’s complaint.

Swissmedic processed 80 cases concerning advertising activities in 2023. Administrative proceedings had to be opened in 27 cases for the purpose of restoring legal compliance. Criminal proceedings were initiated in five cases. In 36 cases, the marketing authorisation holders were made aware that they had infringed advertising rules, while in the remaining 12 cases Swissmedic found no infringements of advertising rules or was not responsible for enforcement.

Legal options in the event of infringements of the Medicinal Products Advertising Ordinance

Swissmedic is active and examines reports and advertising for potential infringements. It also receives information from third parties. In the case of proven infringements, Swissmedic can order the following and other measures based on the legislator’s requirements:

• Administrative measures: stopping misleading advertising, removing or changing promotional items, banning advertising statements or elements of advertising activities
• Warnings
• Fines
• Product recalls
• Criminal proceedings

The law and ordinances are there to protect patients

Publications, information sheets and presentations are used by Swissmedic to proactively inform stakeholders of the current requirements governing medicinal product advertising. By appointing Swissmedic to monitor reporting in the media and advertising, the legislator aims to protect patients in Switzerland and ensure transparency and objective information. Swissmedic’s systematic surveillance helps to increase trust in the safety, quality and efficacy of medicinal products.