Promotion of prescription medicines — Korea
Regulator: 食品医薬品安全処(MFDS) / Main law: 薬事法・医薬品等の安全に関する規則
The basics (source-verified)
Pre-review & approval
A manufacturer, marketing authorisation holder or importer that intends to advertise a drug through newspapers, internet newspapers, periodicals, television or radio broadcasting, the internet, or media designated by the MFDS Commissioner must obtain prior review by the delegated advertising review body.
Promotion to HCPs
The prohibition on advertising prescription drugs does not apply to advertising in professional pharmaceutical media aimed at medical and pharmaceutical experts, or to advertising using media or means of an academic character aimed at such experts.
Direct-to-consumer
It is prohibited to advertise prescription drugs, over-the-counter drugs having the same dosage form, route of administration and main ingredient content per unit dosage form as a prescription drug, and active pharmaceutical ingredients.
Digital & social media
The internet and computer communications are listed in the ordinance as media for advertising drugs, and drug advertising via internet newspapers and via the internet is subject to mandatory prior review.
Efficacy claims
False or exaggerated advertising about the name, manufacturing method, efficacy or performance of a drug is prohibited, advertising by means of articles, photographs, designs or other implicit methods suggesting efficacy or performance is prohibited, and no advertising of the name, manufacturing method, efficacy or performance may take place before the product has received approval or variation approval or has filed the required notification.
Safety information
For a drug that has adverse reactions, no advertisement may use expressions that deny those adverse reactions or that unduly emphasise safety; matters prescribed by the Commissioner of the Ministry of Food and Drug Safety must be displayed so that the drug is not misused or abused; and advertisements may not display the symptoms of a disease related to the efficacy, or scenes of surgery, in a threatening manner, nor display or suggest the indication in threatening terms.
Comparative claims
In advertising a drug it is prohibited to make an advertisement that disparages another product, or that is suspected of disparaging it, irrespective of whether the content is true, and it is prohibited to advertise efficacy or performance with content such as 'this is definitely guaranteed' or with absolute expressions such as 'the best' or 'the finest'; for quasi-drugs, comparative statements about competing products must be made in accordance with the facts and exclusive absolute expressions such as 'the best' or 'the finest' may not be used.
Enforcement & penalties
A person who violates article 68 of the Pharmaceutical Affairs Act (prohibition of exaggerated advertising) is punishable under article 95(1) item 10 by imprisonment for up to one year or a fine of up to 10 million won, and article 95(2) allows imprisonment and the fine to be imposed together. Under the dual-liability provision in article 97, where a representative or employee of a corporation commits an article 95 offence in connection with the business, the corporation or individual is also fined under that article, unless it did not neglect due care and supervision. As to administrative sanctions, article 76(1) provides that where a manufacturer of drugs, a holder of an item authorisation, a registrant of an active ingredient, an importer, a holder of clinical trial plan approval, a pharmacy founder, a drug seller or a drug sales-promotion operator falls under any of the listed grounds - which include item 3, 'where this Act or an order under this Act has been violated' - the Minister of Food and Drug Safety, or the mayor or head of the county or district, may revoke the authorisation, approval or registration, revoke acceptance of a notification, order closure of the consigned manufacturing and marketing site or the manufacturing site, order closure of the business office, prohibit the manufacture or import of the item, or order suspension of all or part of the business for up to one year. Article 68-2 further provides that a drug manufacturer, holder of an item authorisation or importer who intends to advertise a drug it has manufactured or imported must undergo review by the Minister of Food and Drug Safety as prescribed by Prime Ministerial Decree, and that the Minister may entrust that review to a corporation established under article 67.
Laws & regulations 1
- Laws & regulations2026-08-25서울경제CSO takes care of ‘drug rebate window’‘의약품 리베이트 창구’ CSO 손본다
Notices & guidance 4
- Notices & guidance2026-10-02foodtoday.or.kr[2026 국감] ‘선 넘은 의약품 광고’ 5년간 32건…반복 위반에 허가취소도
- Notices & guidance2026-09-29데일리팜Intensive inspection of poorly packaged and labeled medicines, illegal advertisements for obesity, etc.포장·표시 불량 의약품, 비만약 불법 광고 등 집중 점검
- Notices & guidance2026-09-03Korea Biomedical ReviewKorea tightens growth hormone oversight as industry pushes back on ‘misuse’ label
- Notices & guidance2026-07-08약사공론“Obesity treatment is a prescription drug”… Ministry of Food and Drug Safety urges caution against misuse of GLP-1 series“비만치료제는 전문의약품”…식약처, GLP-1 계열 오남용 주의 당부
Industry codes & rules 0
- None yet (collected weekly)
Litigation 5
- Litigation2026-09-28hitnews.co.krJW Pharma Wins KFTC ‘Academic Marketing’ Case
- Litigation2026-09-21news.sbs.co.krShock Lawsuit Over Vision Loss After Taking Wegovy... "Foreign Countries Already Issued Warnings," What About Korea?
- Litigation2026-09-18여성소비자신문Kwangdong Pharmaceutical and GC Cell initiate legal action for illegal comparative advertising... Obtained approval for use for therapeutic purposes at GCC 2005광동제약·지씨셀, 불법 비교광고 행위 법적 조치 착수...GCC2005 치료목적 사용승인 획득
- Litigation2011-01-01Digital Access to Scholarship at Harvard (DASH) (Harvard University)Regulation of Pharmaceutical Industry Interactions with Health Care Professionals
- Litigation2011-01-01Digital Access to Scholarship at Harvard (DASH) (Harvard University)Regulation of Pharmaceutical Industry Interactions with Health Care Professionals
Case law 0
- None yet (collected weekly)
Legal commentary 1
- Legal commentary2026-07-30iclg.comEvolving Regulatory Landscape for Healthcare Communications
Industry-association papers 16
- Industry-association papers / Digital, AI & dataKPBMA(韓国製薬バイオ協会)Digital/Book Information Center디지털·도서 정보관
- Industry-association papers / Health policyKPBMA(韓国製薬バイオ協会)KPBMA Brief
- Industry-association papers / OtherKPBMA(韓国製薬バイオ協会)DATABOOK
- Industry-association papers / Supply & genericsKPBMA(韓国製薬バイオ協会)Pharmaceutical production performance table의약품 생산실적표
- Industry-association papers / Promotion codesKPBMA(韓国製薬バイオ協会)Pharmaceutical advertising review의약품 광고심의
- Industry-association papers / Promotion codesKPBMA(韓国製薬バイオ協会)Fair competition regulations data공정경쟁규약 자료