Banning physician participation in advertisements. NRL's position

Already last year the Law on Medical Devices appeared, which regulated the appearance of doctors and those playing the role of doctors in advertisements. We would like to understand it more broadly, also that it should apply not only to drugs and medical devices, but also to cosmetics and food products," noted Artur de Rosier, chairman of the NRL Medical Ethics Committee.

Position of the Medical Ethics Committee of the NRL of 11.10.2023 on the appearance of doctors and actors playing doctors in commercials and promotional materials

The Medical Ethics Committee of the NRL draws attention to advertisements in the media space for medicines and medical devices, as well as advertisements for cosmetics or means for special nutritional use and other products or services unrelated to medical activity, in which doctors or persons playing the role of doctors appear. The Commission considers both the participation of doctors in advertisements for such products and the appearance in them of non-doctors playing the role of doctors to be unethical.

According to KEL, a doctor builds the prestige of his profession only on the basis of the results and outcomes of his work (Article 63 of KEL), and not through marketing activities. Showing the image of a doctor or an actor playing the doctor's role in drug advertisements may mislead the public into placing public trust in the persons appearing in the ads - by virtue of their actual or alleged medical profession - which is not without influence on purchasing decisions.

A doctor must not impose his services on patients or solicit patients in a manner inconsistent with the principles of medical ethics and deontology and loyalty to colleagues (Article 65 KEL). A doctor's participation in advertising using his image, name, specialty may cause an undermining of the authority of the profession, and, consequently, an undermining of his knowledge and professional experience. The same effects can be caused by unfair advertising conducted by a doctor through the media, the press or advertising banners. This also applies to influencers in the world of social media (influencers), who encourage the use of specific products based on their own experiences.

Advertising in the medical field is given special treatment because of its subject matter. It relates to specific services, treatments, drugs, dietary supplements or other preparations, the use of which, if not used as prescribed and intended, can be harmful. The daily work of doctors and dentists shows that intrusive advertising of medicines and dietary supplements has led to their overconsumption, fostered by advertising them as effective remedies for patients. Such persistent advertising also leads patients to use medical devices on their own and conduct diagnostics instead of seeking medical advice.

Adopted on April 7, 2022. The Law on Medical Devices prohibits the use in advertising not only of the image or persona of a doctor, but also of a person who suggests practicing a medical profession or having medical or pharmaceutical training. It is therefore unlawful both to advertise in which a drug or medical device is presented by a doctor, and to advertise in which there is an actor playing a doctor or anyone whose appearance, dress or behavior may suggest that he or she is a member of the medical profession. The participation of a doctor or a person suggesting that he or she is a doctor in the advertising of medicinal products or medical devices adversely affects the public perception of our professions in society, and, moreover, is inconsistent with the provisions of the law. The NRL Medical Ethics Committee is of the opinion that the ban should be understood more broadly than the statutory one, i.e. it should not apply only to advertising of medicines and medical devices, but also to advertising of cosmetics or foodstuffs for special nutritional purposes, as well as other products or services, even those not related to medical activity.

Source: NIL