ASOURCE Times

Advertising restrictions under the Medical Act

In order to prevent consumers from being misled by false information, advertising is regulated by the Unfair Premiums and Misrepresentations Prevention Act, also known as the Unfair Competition Prevention Act. In addition, because there is a high need for medical institution advertising to provide more accurate information, strict regulations are set out in the Medical Care Act.

Specifically, the items that can be advertised are limited. In addition, regardless of the format or creator, if it contains certain content, it is considered to be an advertisement, and if it lists items other than those that can be advertised, it may be considered a violation of the law. For example, if a medical professional posts information on a personal account, etc., and lists the name of their hospital, etc., it may be considered a violation of the law depending on the content, so caution is required.

There is a system in place to lift restrictions on advertising items when certain requirements are met, but even if the restrictions on what can be advertised are lifted, there are still prohibited items to be advertised in order to ensure the accuracy and reliability of the content. There is also a patrol system and a reporting system for general consumers regarding online medical advertisements that can be advertised. For advertisements that violate the laws, there are provisions for on-site inspections by the government, recommendations for correction, and orders to cease and desist, and criminal penalties will be applied in severe cases where these are not followed.

On a related note, if you wish to include the names of pharmaceuticals or medical devices in medical advertisements, you will also need to comply with the Act on Ensuring Quality, Efficacy and Safety of Pharmaceuticals, Medical Devices, etc. (PMD Act).

Advertisement eligibility

●Definition of advertising

The Medical Advertising Guidelines1 defines an advertisement as one that meets both of the following criteria: 1) it is intended to attract patients to visit a medical center (attractiveness), and 2) the name or name of the person providing medical or dental services, or the name of the hospital or clinic, can be identified (specificity).

Regarding the criteria for ①, the guidelines state that the judgment should be based on whether the information induces the viewer to expect a benefit. For example, a newspaper article is not considered to be an inducement even if it recommends a specific hospital, but if the medical institution pays a fee to have the article published, it will be considered an advertisement. Therefore, a comprehensive judgment must be made based on not only the content of the article, but also the publication medium and circumstances.

●About items that can be advertised

Below is an overview of the main items that can be advertised as stipulated in legal provisions (see Table 1).

Requirements for removing restrictions

Medical advertising is intended to be widely seen by an unspecified number of people. However, there are cases where the information provided by law alone is not sufficient for patients to select a medical institution or treatment method. For this reason, it is necessary to smoothly provide appropriate information to patients and others who request and obtain it themselves. Based on this idea, it is stipulated that if the prescribed requirements (see Table 2) are met, the restrictions on what can be advertised can be lifted and other items can be advertised. However, as mentioned above, even if the following requirements for lifting restrictions are met, advertisements that fall under prohibited items will not be permitted.

① and ② apply to all medical advertisements and must be met at the same time, while ③ and ④ are additional requirements for non-medical treatment. In addition, ① is not considered to meet the restriction release conditions in the case of banner advertisements or paid priority display advertisements, and ②'s contact information is listed as an email address or phone number, for example.

In the next issue, we will explain the specific details of advertising items that are important elements when actually creating advertisements for medical institutions.

1. Guidelines for advertising of medical or dental practices, hospitals or clinics (Medical Advertising Guidelines)
(https://www.mhlw.go.jp/content/10800000/000927804.pdf)