536 - Hello. I work in the advertising industry, and have been discussing with a prospective client a direct mail piece in support of a prescription product. I understand that you cannot communicate the product name and specify what what malady it treats, but it must be a generic message advising to speak to their healthcare practitioner. My question is that if I were able to source a list of individuals who have reported having this condition, could I send this generic unbranded awareness piece to that identified person?
-
It is important to differentiate between the audience and content of the message. Product branded pieces (content) to a consumer (audience) must not go beyond name price quantity for prescription products. If product branded advertising was targeted specifically to consumers with a particular condition, this would appear to contravene section C.01.044 of the Food and Drug Regulations (i.e. targeting patients who have a condition with advertising for a product related to that condition creates a link between product and therapeutic use). This is true EVEN if we assume that the advertising message itself was limited to name, price, and quantity.A consumer brochure or help seeking announcement meeting the provisions stated in the Health Canada policy document “The Distinction Between Advertising and Other Activities” can be targeted to a list of individuals who have reported having a condition. This is acceptable by virtue of the fact that consumer brochures and help-seeking announcements are not product advertising if they meet the provisions in the aforementioned Health Canada document. PAAB provides an advisory opinion on the acceptability of these pieces/campaigns based on the Health Canada “The Distinction between Advertising and Other Activities” document. See the fee schedule on our website.
