556 - Can we provide marketing items such as pencils, cups or post-it with braded name only of future prescription drug currently under NOC review (not approved yet in Canada) but FDA approved. Distribution would be to general Canadian public and health care practionners during Canadian conventions.
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The Food and Drug Regulations prohibits the advertising of drugs prior to NOC (C.02.008), so the distribution of branded gifts or product branded advertising (i.e. coupons) prior to receiving approval from Health Canada would appear to contravene Federal Law. With respect to gifts and giveaway items, you should refer to your trade organization’s code of ethics. For example, The Innovative Medicines Canada Code of Ethical Practices covers the distribution of gifts and we encourage all companies to follow that code when marketing health care products in Canada.