Medicines (Advertising) Regulations (Hansard, 28 April 1999)

asked Her Majesty's Government:

Whether the proposed independent panel which will review preliminary decisions on advertising under Regulation 13 of the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 (S.I. No.267) will:

(a) invite all interested parties to present oral or written evidence on an equal access basis;
(b) be able to consider both substantive issues relating to advertising and the potential or actual issue of a notice to cease advertising;
(c) issue decisions that will be binding on all parties subject to judicial review;
(d) issue published decisions with detailed reasons; and
(e) be supported by an independent secretariat. [HL2166]

§ The Parliamentary Under-Secretary of State, Department of Health (Baroness Hayman)

The proposed Independent Review Panel which will review preliminary decisions on advertising under Regulation 13 of the Medicines (Advertising and Monitoring cf Advertising) Amendment Regulations 1999 (S.I. No.267) will:

(a) consider written representations from pharmaceutical companies together with the advertising and promotional material for compliance with the Medicines (Advertising) Regulations;
(b) advise Health Ministers on the acceptability of the advertising and promotional material potential in breach of the regulations, not on the issue of a notice to cease advertising. The recipient of a notice may of course ask the courts to review the legality of the issue of a notice;
(c) issue its advice to the licensing authority, which will then make a final decision before notifying the company accordingly. If, exceptionally, the Health Ministers depart from the panel's advice, they will state their reasons for so doing in writing to the company;
(d) and (e) as with other advisory bodies the secretariat will be derived from officials of the Medicines Control Agency. A decision has yet to be taken on whether the MCA will publish decisions made on advertising considered by the panel.