Pharmaceutical advertising regulation and medical device advertising in the United Kingdom

1.1 Medicinal Products 

The key UK legislation regulating advertising/promotion of medicines is the Human Medicines Regulations 2012/1916 ("HMRs"). 

This is supplemented by guidance from the Medicines and Healthcare products Regulatory Agency (“MHRA”), primarily in the “Blue Guide – Advertising and Promotion of Medicines in the UK” (current edition: November 2020). Whilst not legally binding, such guidance tends to be viewed as persuasive by the UK Courts. 

1.2 Medical devices 

The key UK legislation regulating medical devices is the Medicines and Medical Devices Act 2021 and the Medical Devices Regulations 2002 (the “UK Devices Regulations”). Neither instrument directly regulates the promotion of medical devices, save for  prohibiting marketing of devices that do not conform with their requirements.    The position differs for Northern Ireland, where the EU Medical Devices and In Vitro Diagnostic Medical Devices Regulations (2017/745/EU and 2017/746/EU, respectively, and together the “EU Devices Regulations”)  apply  under  Northern Ireland protocol.  Unlike the UK Devices Regulations, the EU Devices Regulations expressly prohibit misleading claims.  These EU instruments do not apply  in Great Britain (i.e., England, Wales and Scotland).

The UK medical devices regulatory regime is currently under review. The Government has indicated that new regulations, expected in 2026, will require manufacturers’ claims for medical devices to align with their statement of intended purpose, and will likely include prohibitions similar to those in the EU Devices Regulations.

1.3 General advertising law 

The promotion of medicines and medical devices is also subject to general advertising law set out in:

• The Digital Markets, Competition and Consumers Act (“DMCCA”) 2024, which regulates general business-to-consumer advertising including of medicines; and
• The Business Protection from Misleading Marketing Regulations 2008/1276 (“BPRs”), which regulate general business-to-business advertising including of medicines, and also regulate comparative advertising (in both B2C and B2B contexts).  

Yes. In addition to the legislation and guidelines described above, relevant industry trade associations have published their own self-regulatory codes of practice, which serve as the gold standard for medicines and medical devices advertising.

2.1 Medicinal Products 

The Association of the British Pharmaceutical Industry (ABPI) Code of Practice (current edition: 2024) governs the advertising of proprietary medicines to healthcare professionals (“HCPs”) and other relevant decision-makers by ABPI member companies and non-member companies that voluntarily agree to be bound.

The Proprietary Association of Great Britain (PAGB) Professional and Consumer Codes for Medicines, govern advertising of over the counter (“OTC”) medicines by PAGB member companies.

Both codes reflect and extend beyond the underlying statutory provisions.

2.2 Medical devices 

The Association of British HealthTech Industries (ABHI) publishes a Code of Practice (current edition: July 2019), which binds ABHI member companies. The Code includes the ABHI Guidelines on Advertisement & Promotions addressed solely or primarily to Healthcare professionals (the “ABHI HCP Advertising Guidelines”) and the ABHI Guidelines on Interactions with Healthcare Professionals. 

The Proprietary Association of Great Britain (“PAGB”) Medical Devices Consumer Code applies to consumer advertising by PAGB member companies of self-care OTC medical devices, OTC medicines and food supplements. The PAGB will consider inter-member complaints regarding breaches of the code.

Other sector-specific medical device trade associations also operate their own codes of practice regulating advertising, amongst other matters. As an example, we can refer to the Code of Practice for the Promotion of Wound Care Products to Healthcare Professionals of the Surgical Dressing Manufacturers Association (“SDMA”) (current version: April 2017), which binds SDMA member companies.

2.3 General advertising rules

The Advertising Standards Agency (ASA) publishes the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (“CAP Code”) and the UK Code of Broadcast Advertising (“BCAP Code”). These are regulatory codes that apply to general non- broadcast (including online) and broadcast business-to-consumer advertising respectively.

There are no licences or approvals required specifically to advertise medicines or medical devices to either the general public or HCPs. However, licensing requirements for the supply of these products on the UK market have implications for their advertising.

Subject to very limited exceptions, it is unlawful to advertise an unlicensed medicinal product unless the medicine.

Medical devices must bear either the CE mark or UKCA mark to be lawfully advertised in Great Britain. Subject to certificate expiry, CE marking will be recognised in Great Britain until 30 June 2028 (general medical devices) or 30 June 2030 (in vitro diagnostic medical devices) under transitional arrangements.

The UKCA mark is not recognised in Northern Ireland - medical devices supplied there must be CE marked in accordance with applicable EU requirements before they can be promoted or advertised.

Promotional materials that are subject to any of the PAGB Consumer Code are required to be submitted to the PAGB for pre-publication approval.

All broadcast advertisements, including those for medicinal products and/or medical devices, must be pre-approved by Clearcast (for TV) or Radiocentre (for radio). 

4.1 Medicinal products 

Yes. It is unlawful to promote prescription only medicines to the public. Promotion to HCPs is permitted (subject to the requirements of the HMR). OTC medicines may be advertised. 

Additionally, as set out above and below, different advertising laws / codes apply depending on whether the medicine is authorised as OTC or prescription-only. 

4.2  Medical devices 

Medical devices are classified according to whether they are intended for professional use (by healthcare professionals) or for lay use (by consumers, such as home-use or self-testing devices). This distinction has implications for advertising. Promotional materials for professional-use devices directed at healthcare professionals must comply with the ABHI HCP Advertising Guidelines (for ABHI members) and relevant provisions of the CAP Code. Advertising for lay-use devices directed at consumers is principally governed by the CAP Code and the consumer protection provisions of the Digital Markets, Competition and Consumers Act 2024, which prohibit misleading commercial practices and require that advertising is fair, accurate and capable of substantiation.

5.1  Legislation - medicinal products 

OTC medicines may be advertised to the public. Prescription-only medicines cannot be advertised to the general public except in the context of a Government-approved campaign related either to the use of a medicinal product in response to the suspected or confirmed spread of pathogenic agents, toxins, chemical agents or nuclear radiation, or to vaccination.

Advertisements for medicinal products must; 

• comply with the particulars of the Summary of Product Characteristics (“SmPC”); and
• encourage the rational use of the product by presenting it objectively and without exaggerating its properties.

The marketing authorisation ("MA") holder, or, if applicable, the holder of another registration or certificate necessary to put the product on the market, must retain a sample of each advertisement for which the person is responsible, and a statement indicating the persons to whom the advertisement is addressed, the method of its publication and the date when it was first published.

If a medicinal product is available to the public over the counter in Great Britain, but, in Northern Ireland, is either a prescription only medicine or not authorised for sale or supply, any advertisement to the public must include a statement that the product is not available without a prescription, or is not available at all (as applicable), in Northern Ireland.

Most narcotic or psychotropic drugs may not be advertised to the public.

Advertisements for medicinal products directed to the public must not:

• be misleading;
• state or imply that a medical consultation or surgical operation is unnecessary;
• offer to provide a diagnosis or suggest a treatment by post, by telephone, or over the internet;
• by a description or detailed representation of a case history, risk erroneous self-diagnosis; 
• suggest that the effects of taking the medicinal product:
  • are  guaranteed;
  • are better than or equivalent to those of another identifiable treatment or medicinal product; or
  • are not accompanied by any adverse reaction;
• use, in terms that are misleading or likely to cause alarm, photographs, pictures or diagrams of:
  • changes in the human body caused by disease or injury; or
  • the action of the medicinal product on the human body;
• refer, in terms that are misleading or likely to cause alarm, to claims of recovery;
• suggest that the health of a person who is not suffering from any disease or injury could be enhanced by taking the medicinal product;
• suggest that the health of a person could be affected by not taking the medicinal product (except where the advertisement is part of a Government approved campaign relating to the spread of pathogenic agents etc. (see above), or vaccination); 
• suggest that the medicinal product is a foodstuff, cosmetic or other consumer product; 
• suggest that the product is safe or effective because it is natural;
• refer to a recommendation by a scientist, a healthcare professional or a celebrity; or
• contain any material that is directed principally at children; or
• be likely to lead to the use of a medicinal product for the purpose of inducing an abortion.

Advertisements for medicinal products directed to the public must: 

• make clear that they are advertisements;
• clearly identify the product as a medicinal product;
• include:
  • the name of the product;
  • if the product contains only one active ingredient, the common name of the active ingredient; 
  • the information necessary for the correct use of the medicinal product; and
  • an express and clear invitation to read carefully the instructions on the package or in the package leaflet (as the case may be).

Please see response to question 3 above regarding materials within the scope of the PAGB Consumer Code being submitted for pre-vetting by the PAGB.

5.2 Legislation - medical devices

In Northern Ireland, misleading claims for medical devices are prohibited under the EU Devices Regulations.

The EU Devices Regulations do not apply in Great Britain (see question 1 above). There is currently therefore no sector-specific legislation which applies to the promotion of medical devices in Great Britain, although general consumer advertising rules will apply (see below).

5.3 General consumer advertising rules

The Digital Markets, Competition and Consumers Act 2024

The DMCCA 2024 is not specific to medicines or medical devices, but applies to all commercial practices by traders towards consumers (i.e., individuals acting outside the course of business), including marketing communications. The DMCCA 2024 prohibits unfair commercial practices, including misleading and aggressive advertising.

Schedule 20 of the DMCCA 2024 contains a list of commercial practices that are always considered unfair, even if they do not cause the consumer to change their buying decision. The list includes making a false claim that a product is able to treat disease or malformation.

The CAP Code and the BCAP Code

The CAP Code contains numerous general rules that apply to advertising of medicines and medical devices to the public. These include, in general terms, that:

• Advertisements must be legal, decent, honest and truthful
• Advertisements must be prepared with a sense of responsibility to consumers and to society.
• Advertisements must be obviously identifiable as advertisements.
• Advertisements may not be misleading.
• Before publishing an advertisement, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation.
• Advertising claims must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
• Advertisements must not contain anything that is likely to cause serious or widespread offence, or cause fear or distress without justifiable reason.

The CAP Code also includes section 12 on Medicines, medical devices, health-related products and beauty products. In addition to restating a number of the restrictions set out in legislation (see above), section 12 includes the following specific rules, which apply to both medicines and medical devices:

• Objective claims must be backed by evidence, if relevant consisting of trials conducted on people.
• Marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of, or treatment for such conditions unless that advice, diagnosis or treatment is conducted under the supervision of a suitably qualified health professional. Accurate and responsible general information about such conditions may, however, be offered.
• Marketers must not confuse consumers by using unfamiliar scientific words for common conditions.
• Marketers inviting consumers to diagnose their minor ailments must not make claims that might lead to a mistaken diagnosis.        

The BCAP Code contains similar restrictions in the context of broadcast advertising.

6. What are the main restrictions applicable to the advertising of medicines and medical devices to healthcare professionals?

6.1 Medicinal products

The BPRs (which are generally applicable to all business-to-business advertising) govern advertisements aimed at traders (i.e., persons acting for purposes relating to their trade, craft, business or profession), including HCPs.

The BPRs prohibit misleading advertising. This includes providing misleading information relating to the characteristics of a product, including the results to be expected from use of the product.

Under the Human Medicines Regulations 2012, advertisements for all medicinal products (including prescription-only products) directed at HCPs must:

• comply with the particulars of the SmPC; 
• not be misleading; 
• encourage the rational use of the product by presenting it objectively and without exaggerating its properties.
• contain the following particulars. (In the case of a written advertisement, these particulars must be printed in a clear and legible manner, and placed in such a position in the advertisement that their relationship to the claims and indications for the product can be readily appreciated by the reader. Alternatively, where the advertisement is for an OTC or pharmacy product, it may refer the audience to a website that contains these particulars. In the case of a non-written advertisement, these particulars may alternatively be made available in written form to all persons to whom the advertisement is made available):
  • the product name;
  • the product’s MA number (or other authorisation or registration, as applicable);
  • the name and address of the product’s MA holder (or other authorisation or registration holder, as applicable);
  • where applicable, a statement that the product concerned is authorised under a UKMA(GB);
  • the product’s classification as an OTC, prescription-only or pharmacy medicine;
  • a list of the active ingredients of the medicinal product that uses their common names and is placed immediately adjacent to the most prominent display of the product name;
  • one or more of the authorised indications of the product;
  • the entries in the SmPC relating to adverse reactions precautions and relevant contra-indications; dosage and method of use as relevant to the advertised indication; and (unless obvious) the relevant method of administration; and
  • the cost (excluding VAT) of a specified package of the product, or a specified quantity or recommended daily dose of the product calculated by reference to a specified package of the product.

The MA holder (or other authorisation or registration holder, as applicable) must retain a sample of all advertisements for which they are responsible relating to the product, and a statement indicating, for each advertisement, the persons to whom the advertisement is addressed, the method of its publication and the date when it was first published.

The Human Medicines Regulations 2012 also contain specific restrictions against the provision of gifts and hospitality to members of the healthcare professions.

ABPI member companies must also comply with the ABPI Code of Practice for the Pharmaceutical Industry (current edition: 2024) when promoting prescription medicines to HCPs. The ABPI Code supplements the statutory requirements and, in certain respects, imposes more stringent obligations. Key provisions include requirements that:

• promotional materials are accurate, balanced, fair, objective and not misleading, and do not exaggerate the properties of a medicine;
• all claims are consistent with the SmPC and capable of substantiation with appropriate evidence, which must be provided promptly upon request;
• promotional materials are certified by appropriately qualified persons before use and that records are maintained;
• comparative advertising is fair and based on relevant and substantiated points of comparison between medicines for the same indication; and
• information about adverse reactions, precautions and contra-indications is presented in a fair and balanced manner consistent with the SmPC.

Breaches of the ABPI Code may be investigated by the Prescription Medicines Code of Practice Authority (PMCPA), which can impose sanctions including requirements for corrective statements, suspension or expulsion from ABPI membership, and public disclosure of rulings.

6.2 Medical devices

See 6.1 above in relation to the BPRs, which apply to the advertising of medical devices to traders, including HCPs.

In addition, ABHI members are bound by the ABHI’s Code of ethical business practice. Part 3 of the Code is entitled “Guidelines on Advertisements and Promotions Addresses Solely or Primarily to Healthcare Professionals”. The Guidelines govern marketing communications addressed solely or primarily to HCPs by ABHI members. They contain the following general principles:

• Information, claims and comparisons included in or as part of any Advertisement must be accurate, balanced, fair, objective and unambiguous and must be based on a fair evaluation of appropriate evidence and reflect that evidence clearly.
• Advertising must be suitable for the intended audience and must conform to generally acceptable standards of good taste; and
• An advertisement should be readily recognisable as such by the intended audience and its commercial intent must be made clear if it is not obvious from the context.
• The products and activities of other medical device companies must not be disparaged in an advertisement.

They also set out detailed requirements for the accuracy and substantiation of claims and information, how to deal with requests for substantiating information from competitors, and rules on testimonials.

Please see the response to question 1 above in relation to anticipated new legislation in Great Britain.

As noted in the responses to questions 1 and 5 above, the EU Regulations (and specifically the prohibition of misleading claims) apply in Northern Ireland but not Great Britain.

7. What information must appear in advertisements directed only to healthcare professionals for medicines and medical devices?

7.1 Medicinal products

Advertisements must be consistent with the SmPC and set out details of the MA number and MA holder, the name of the product, its classification and its active ingredients.

Under the Association of British Pharmaceutical Industries’ Code of Practice for the Pharmaceutical Industry, advertisements must also contain required prescribing information covering the indications for which the medicinal product is authorised, and a succinct summary of the entries in the SmPC on side effects, special warnings, precautions and contra-indications, method of use and dosage. The cost excluding VAT must also be provided.

Short, abbreviated advertisements (such as those in magazines or circulars for prescribers) are permitted subject to certain conditions. They must contain the information set out above, save that information on adverse reactions, contraindications and methods of use can instead be made accessible online.

7.2 Medical devices

There is no prescribed, mandatory content for medical device adverts.

As explained in response to question 3 above, the advertising of medical devices must be within the scope of an appropriate CE mark or UKCA mark, as applicable. Any claims made in advertising should align with the CE/UKCA marked intended purpose of the device as stated in the  product's Declaration of Conformity; be capable of substantiation by reference to robust, objective evidence (generally this will be contained in the product technical file) and not be misleading.

8. What information must appear in advertisements directed to the general public for medicines and medical devices?

8.1 Medicinal products

The advertisement must contain the name of the product, the active ingredient, information necessary for its correct use and an express and clear invitation to read the instructions properly. It must be clear that it is an advertisement and it must be clear the product is a medicine.

8.2 Medical devices

See the response to question 7 above. It must also be clear that it is an advertisement.

• Please summarise the requirements for scientific data indicated in advertisements. Are there any restrictions on the data on which the promotional claims are based (data on file, retrospective analyses, such as subgroup analyses or meta-analyses etc.)?

9. Please summarise the requirements for scientific data indicated in advertisements. Are there any restrictions on the data on which the promotional claims are based (data on file, retrospective analyses, such as subgroup analyses or meta-analyses etc.)?

9.1 Medicinal products 

The applicable legislation does not contain express provisions regarding the standard of evidence and data required to substantiate claims in advertisements. However, the self-regulatory codes do, and cases/decisions under these codes provide additional interpretation of the evidential requirements. These requirements apply to companies subject to those codes but also provide useful guidance for what standards of evidence are likely to be acceptable to comply with the general statutory requirements. 

For example, the ABPI Code requires that information, claims and comparisons must be accurate, balanced, fair, objective and unambiguous and must be based on an up-to-date evaluation of all the evidence and reflect that evidence clearly. The ABPI Code also provides that when promotional material refers to published studies, clear references must be given. 

In addition, the ABPI Code provides that substantiation requested by HCPs or other relevant decision makers must be provided as soon as possible, and certainly within 10 working days. It is possible to refer to “data on file” in advertisements, but the same rules apply in terms of providing substantiation to HCPs or other relevant decision makers. 

In general, data must be statistically relevant and be presented in a way which is fair and accurate. It must not be used in a way which is misleading. 

9.2 Medical devices 

In addition to the general legal requirement that the advertising of medical devices must not be misleading, the ABHI HCP Advertising Guidelines provide that all information and claims must be accurate, balanced, fair, objective and unambiguous and must be based on a fair evaluation of appropriate evidence and reflect that evidence clearly. 

Clear references must be provided if published studies are referred to and any graphs or tables used must be presented so as to give a clear, fair and balanced view of the matters they deal with. Material reproduced from a published study should not be altered unnecessarily and must not distort or give a false impression of the evidence published in the study. 

The key issues when using scientific data are their quality, relevance and overall credibility when relied on to support the advertiser’s claims. On their own non-refereed articles are unlikely to be adequate substantiation for science-based claims concerning device safety or performance. 

10. Are there specific rules for comparative advertisement of medicines and medical devices?

10.1  Medicinal products 

An advertisement for a medicinal product directed wholly or mainly at members of the public must not suggest that the effects of taking the medicinal product are better than or equivalent to those of another identifiable treatment or medicinal product. This rule does not apply in relation to advertising of prescription-only medicines to HCPs. 

The BPRs implement the general requirements relating to comparative advertising in the Comparative Advertising Directive 2006/114/EC and these also apply to the advertising of medicinal products. 

The ABPI Code sets out specific requirements for comparative advertising, which include that it must not be misleading; medicines for the same needs or intended purposes must be compared; there must be no confusion created between the advertised medicine and a competitor medicine; and the trade marks/names etc. of a competitor must not be denigrated/discredited or taken unfair advantage of. 

Each of the CAP Code, the BCAP Code and the PAGB Codes also contain provisions specifically regulating comparative advertising. 

10.2 Medical devices 

The provisions in the BPRs on comparative advertising also apply to medical devices. 

Further, the ABHI HCP Advertising Guidelines contain detailed rules on the use of comparative advertising. A comparison shall only be permitted to be used as part of an advertisement if: 

• It is not misleading;
• Devices or services for the same needs or the same intended purpose are compared;     One or more relevant features are compared;
• No confusion is created between the device or service advertised and that of a competitor or between the advertiser’s trade marks, trade names, other distinguishing marks and those of a competitor;
• The trade marks, trade names and other distinguishing marks, products, services, activities or circumstances of a competitor are not discredited or denigrated;
• No unfair advantage is taken of the reputation of a trade mark, trade name or other distinguishing marks of a competitor; and
• The advertiser’s devices or services are not presented as imitations or replicas of goods or services bearing a competitor’s trade mark or trade name. 

The CAP Code and the BCAP Code also contain provisions specifically regulating comparative advertising which will apply to non-broadcast / broadcast consumer advertising, respectively. 

11. Are there specific provisions for advertisement of medicines and medical devices on the internet/in social media postings?

11.1 Medicinal products

The MHRA considers that prescription only medicines should only be advertised on websites specifically directed to HCPs and clearly marked as such. Use of social media (e.g. twitter) for promotional information concerning prescription medicines is consequently prohibited because of its general availability to non-HPCs. 

The MHRA has stated in the Blue Guide that, in principle, the information referred to in the response to question 7 above (mandatory information for HCP advertising) could instead be provided by way of a link to the full SmPC from an internet advertisement instead of including this information in the advert itself. 

11.2 General comments

In general, the same rules apply to online advertising of medicines and medical devices as would apply to other forms of advertising. 

However, online advertising brings its own challenges.  For example:

• MA holders and medical device manufacturers have legal surveillance and reporting obligations to systematically collect, evaluate and to report adverse safety information to the MHRA. If users are permitted to submit comments via online channels (as part of marketing campaigns), this would open up a new channel through which MA holders / manufacturers could potentially receive information on product adverse safety or quality events, which would have to be monitored and evaluated for possible reporting to the MHRA.
• Publicly accessible user comments may constitute off-label promotion, which is a criminal offence. 

12. Please describe the enforcement mechanism. Which bodies monitor compliance with the advertisement provisions and what are the legal consequences (e.g. penalties) for non-compliance?

12.1 Medicinal products 

The Human Medicines Regulations are enforced by the MHRA via the criminal law. Penalties can be as severe as an unlimited fine and, in the case of natural persons, up to two years in prison. There is also scope for personal criminal law liability for company officers and senior management if an offence is committed with their consent or connivance or due to their neglect. 

However, according to memoranda of understanding between the Prescription Medicines Code of Practice Authority (PMCPA) and the ABPI on the one hand, and each of the MHRA and the Serious Fraud Office (SFO) on the other, the PMCPA has jurisdiction in respect of matters covered by the ABPI Code though each of MHRA and the SFO have jurisdiction to intervene to enforce the law. 

Companies subject to the jurisdiction of the PMCPA who breach the ABPI Code are liable for administrative costs, public censure and, in the case of particularly serious breaches by ABPI members, suspension of membership or even expulsion from the ABPI, at which point they become subject to the direct scrutiny of the MHRA. All adjudications are made public.

12.2  Medical devices 

The UK Device Regulations are enforced by the MHRA or, for devices which are ordinarily intended for private use or consumption (i.e. consumer devices), by the general consumer protection authority, Trading Standards. The legislation provides for various penalties, ranging from a compliance notice to an unlimited fine and, in the case of individuals, six months’ imprisonment and/or unlimited fine. There is also scope for personal criminal law liability for company officers and senior management if an offence is committed with their consent or connivance or due to their neglect. 

Complaints about breaches of the ABHI Code may be made to the ABHI Panel, which, if the complaint is upheld, can require the advertiser to cease using the advertising complained of and to pay an administrative charge. Various further sanctions are available to the ABHI Panel, including recommending expulsion of the advertiser from the ABHI and requiring the payment of the Panel’s costs. Case reports are published on the ABHI’s website and are publicly available. 

12.3  General advertising enforcement

Local Trading Standards Authorities and the Competition and Markets Authority (CMA) have competence for enforcing the DMCCA and the BPRs. Certain provisions of these regulations can be enforced by way of criminal sanctions. Trading Standards and the CMA may also prohibit the publication of infringing advertising. 

Further, consumers may bring a civil law claim under the DMCCA 2024 to enforce against unfair commercial practices (including misleading or aggressive advertising). Engaging in such unfair practices may also result in criminal prosecution, although traders may be able to rely on a due diligence defence.

Allegations of breaches of the CAP Code and the BCAP Code are directed to the ASA. The ASA may also make challenges to advertisements of its own volition and adjudicate upon them. It is increasingly using large language models and machine learning to proactively scan for advertisements that are likely in breach of Code requirements. The ASA has a range of enforcement options available to it. Where complaints cannot be resolved informally and are upheld at adjudication, the usual sanction is simply to direct that the advertisement not appear again in the same form. However, in particularly serious cases, the ASA has a sliding scale of further enforcement options, which can include alerting media channels not to accept advertising, asking search engines to remove paid-for advertising linking to non-compliant advertising, requiring pre-vetting of advertising or, in the most extreme cases, referring an advertiser to Trading Standards for enforcement under the DMCCA 2024. 

13. Any future developments in UK?

13.1 Medicinal products 

Under the terms of the Withdrawal Agreement, Northern Ireland remains subject to EU law governing the advertising of medicines until at least 1 January 2027.

GB regulation of advertising of medicines could in principle now diverge from the existing EU legislation at any time. However, it is not currently expected that there will be any significant changes in the short term. 

13.2 Medical devices 

See section 1.2 above.