Product is "in stock" claim
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Hey @support
A simple availability message such as “Product X is now back in stock” would be considered exempt. To remain exempt it should be limited to an informational message (not linked to therapeutic or promotional messages) about stock. (s1.5D)
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Hi Jennifer,
Thank you for your response!
If we were to include a message about a specific dose of the product that is now back in stock, would this piece still be exempt?
Additionally, would the inclusion of the indication statement or product photo make this no longer exempt?Looking forward to hearing from you.
Lily
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Hi @support
A strictly informational statement about stock such as “Product X 5mg dose now back in stock” could be considered exempt.
The inclusion of the indication statement renders it no longer exempt.
The inclusion of a product photo MAY render it no longer exempt. This piece should likely be submitted for an exempt opinion to assess if the product photo can be used while meeting exempt criteria. -
Thank you for your guidance here!
I just wanted to ask whether a message like "There may be product shortages in market X. Verify in the Canada Drug Shortages Website. Product Y is availalbe for patients + indication statement." would be permitted? I understand that this may not be exempt.
Thanks,
Lily -
Hello @support
If we are to assume that this is in an HCP gated space, we would advise that claims should not directly/indirectly highlight things like the shortage of competitor(s). Instead, the message may focus on reminding the audience about the sponsor’s product and availability in the market. You correctly identified that it would not be exempt. The piece would be subject to the Code and would require lowest level fair balance if restricted to a product availability message.
