HL Deb 19 May 1999 vol 601 cc42-4WA
Baroness Wharton

asked Her Majesty's Government:

Why Consumers for Health Choice and the National Association of Health Stores were not included by the Medicines Control Agency in the circulation of the consultation letter dated 29 April about membership of the Independent Review Panel for Advertising of Medicines; why earlier commitments to involve these organisations in relevant consultations have not been honoured; and what action they intend to take to remedy the situation; and [HL2463]

In what specific circumstances the Medicines Control Agency would either (a) issue a notice, or (b) threaten to issue a notice to a manufacturer or advertiser under the terms of the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 without prior reference to and approval of the proposed new independent review panel; and what steps they are taking to ensure that the ability to issue such notices is not used as a means to circumvent the duty to consult the panel. [HL2464]

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

When consulting interested parties on matters relating to medicines, the Medicines Control Agency (MCA) considers which organisations are most likely to be affected by the particular proposals under consultation. The independent review panel will not consider advertising for health foods or unlicensed herbal and vitamin products. I refer the noble Baroness to the reply I gave her on 26 April 1999 at col.WA 14. Officials at the Department of Health have now sent a copy of the consultation letter to the organisations the noble Baroness mentions.

There are specific circumstances under which notices which will be issued to advertisers under the procedures in the amending regulations. These are:

Under paragraph 1 —to request a copy of an advertisement,
Under paragraph 3 —to advise an advertiser that Health Ministers are "minded to" make a decision that an advertisement is in breach of the advertising regulations,
Under paragraph 4 —to advise an advertiser that an advertisement would not be in breach, and
Under paragraph 5 —to advise an advertiser that, after consideration of the advice of the panel, Health Ministers have decided an advertisement is in breach.

At any stage the recipient of a notice can seek judicial review of the decision to issue that notice.

The independent review panel will consider written representations from advertisers who have been issued with a notice under paragraph 3 and advise Health Ministers on the compatibility of the advertisement in question with the advertising regulations. The issue of notices will not be automatic—the MCA will continue, as now, to discuss problems with advertising with the company concerned so as to secure acceptable changes. The formal procedures will come into play when informal negotiation fails to reach an appropriate outcome.

Lord Clement-Jones

asked Her Majesty's Government:

In the light of the reply given by the Lord Hunt of Kings Heath on 11 May (H.L. Deb., cols. 1088–1089) that "we are consulting with industry, professional and consumer interests on the nomination of suitably qualified people" to serve on the independent review panel which will review decisions on advertisements to be made by the Medicines Control Agency, why Consumers for Health Choice has not been included among those consulted. [HL2518]

Baroness Hayman

When consulting interested parties on matters relating to medicines, the Medicines Control Agency considers which organisations are most likely to be affected by the particular proposals under consultation. The independent review panel will not consider advertising for health foods or unlicensed herbal and vitamin products. I refer the noble Lord to the reply I gave Baroness Wharton on 26 April 1999 at col.WA 14. Officials at the Department of Health have now sent a copy of the consultation letter to the organisation the noble Lord mentions.