On 16 February 2021, the Czech president signed the new law, which amends the Advertisement Act and introduces new rules on the advertising of medical devices.
As reported in our Law-Now published in September 2020 the core provisions proposed by the Czech Ministry of Health remain in the law. The law regulates and sets out different rules for advertising medical devices (including in vitro diagnostic medical devices) with the general public and healthcare professionals.
The new law also expressly forbids falsely advertising 'health-targeting products' as pharmaceuticals, medical devices or in vitro diagnostic medical devices. Under the new law, the following is also expressly prohibited:
advertising that such products improve or preserve health;
stating in advertising that a person's health can be negatively impacted by not using such a product; and
issuing advertising that includes recommendations by science specialists, healthcare professionals or other persons who, according to their social status, are in a position to support the use of such products.
The new law will become effective on 26 May 2021 and will include a six-month transitional period for medical devices and in vitro diagnostic medical devices, which are being advertised on the basis of agreements concluded before the new law comes into force.
For more information on the new rules and the medical-device and pharmaceutical industries, contact your regular CMS advisor or local CMS experts.