Promotion of prescription medicines — Japan
Regulator: 厚生労働省・PMDA / Main law: 医薬品医療機器等法(薬機法)・医療用医薬品の販売情報提供活動に関するガイドライン
The basics (source-verified)
Pre-review & approval
Sales information materials must be reviewed before use by an in-house promotional information supervision department that is set up independently of the promotional department, and that department approves them taking into account advice from a review and supervision committee.
Promotion to HCPs
Information provided in sales information materials must stay within the approved indications, dosage and administration, must rest on scientific and objective evidence that a third party can objectively evaluate and verify, and must state the source of any material quoted.
Direct-to-consumer
Advertising aimed at the general public other than healthcare professionals is prohibited for medicines and regenerative medical products supplied for use by a physician or dentist or on their prescription or instruction.
Digital & social media
The Standards for Fair Advertising of Drugs and Related Products apply to advertising in all media, including newspapers, magazines, television, radio, websites and social networking services.
Efficacy claims
Expressions of the efficacy, effect or performance of a product requiring approval must not exceed the scope of the approved indications, whether explicit or implicit, and expressions guaranteeing efficacy or using superlatives are prohibited.
Safety information
In sales information provision activities a company must provide necessary safety information including adverse reactions, not efficacy alone, and must not select the information it provides arbitrarily.
Comparative claims
Product-to-product comparative advertising is limited to the advertiser's own products with the comparator product named, and comparative advertising against other companies' products is prohibited whether explicit or implicit.
Enforcement & penalties
A person who violates the prohibition on false or exaggerated advertising in Article 66(1) is liable to imprisonment of up to two years or a fine of up to 2 million yen or both (Article 85 item 4), and the Minister must order payment of a surcharge of 4.5 percent of the total consideration for the products traded during the surcharge period of up to three years, except that no order may be made where the calculated amount is under 2.25 million yen. Separately from punishment and the surcharge, Article 72-5(1) empowers the Minister or the prefectural governor to order a person who has violated Article 66(1) or Article 68 to cease the act, to take the measures necessary to prevent its repetition, to give public notice in connection with those measures, and to take any other measures sufficient to prevent the occurrence of a danger to public health; such an order may be issued even where the violation has already ceased, and may be directed not only at the violator but also at a corporation surviving or created by merger, a corporation succeeding to the business by company split, and a transferee of the business. Article 72-5(2) allows the Minister or governor to request a specified telecommunications service provider to take measures to prevent the transmission of an unlawful advertisement sent by specified telecommunications. A person who disobeys an Article 72-5(1) order is liable under Article 85 item 6 to imprisonment of up to two years or a fine of up to 2 million yen or both.
Laws & regulations 3
- Laws & regulations2020-09-28Constitutional StateFEATURES OF STATE REGULATION OF ADVERTISING OF MEDICINES IN JAPAN
- Laws & regulations2020-09-28Constitutional StateFEATURES OF STATE REGULATION OF ADVERTISING OF MEDICINES IN JAPAN
- Laws & regulations2020-09-28Constitutional StateFEATURES OF STATE REGULATION OF ADVERTISING OF MEDICINES IN JAPAN
Notices & guidance 1
- Notices & guidancemhlw.go.jpRegarding advertising regulations for pharmaceuticals, etc. | Ministry of Health, Labor and Welfare医薬品等の広告規制について |厚生労働省
Industry codes & rules 3
- Industry codes & rules2023-06-01PLoS ONEChanges in Japanese physicians’ relationships with the pharmaceutical industry between 2008 and 2021: A national survey
- Industry codes & rules2018-11-02PLoS ONEFollow-up survey of Japanese medical students’ interactions with the pharmaceutical industry
- Industry codes & rulesjpma.or.jpJPMA Code of Practice | Voluntary Standards | Japan Pharmaceutical Manufacturers Association製薬協コード・オブ・プラクティス | 自主基準 | 日本製薬工業協会
Litigation 1
- Litigation2014-01-16BMJNovartis faces charges in Japan over promotion of valsartan to doctors
Case law 0
- None yet (collected weekly)
Legal commentary 0
- None yet (collected weekly)
Industry-association papers 85
- Industry-association papers / Other日本製薬工業協会(JPMA)Convention on Biological Diversity生物多様性条約関係
- Industry-association papers / Transparency日本製薬工業協会(JPMA)Transparency guidelines for the relationship between corporate activities and medical institutions, etc.企業活動と医療機関等の関係の透明性ガイドライン
- Industry-association papers / Patient engagement日本製薬工業協会(JPMA)Transparency guidelines for the relationship between corporate activities and patient organizations企業活動と患者団体の関係の透明性ガイドライン
- Industry-association papers / Promotion codes日本製薬工業協会(JPMA)Preparation guidelines for ethical drug product information summaries, etc. (abbreviation: Preparation guidelines)医療用医薬品製品情報概要等に関する作成要領(略称:作成要領)
- Industry-association papers / Other日本製薬工業協会(JPMA)Basic philosophy and action guidelines regarding biodiversity生物多様性に関する基本理念と行動指針
- Industry-association papers / Promotion codes日本製薬工業協会(JPMA)Guidelines for fair competition at meetings of the Japan Pharmaceutical Manufacturers Association日本製薬工業協会の会合における適正な競争に関するガイドライン