Drug advertising in the Web 2.0 – what it is at who today advertising want to present themselves on the Internet are to note Google AdWords, which barely passes on the circuit of Google ads (Google AdWords). This also applies to suppliers of health products such as medicines, medical devices, cosmetics, biocides and food. In the strictly regulated healthcare is the use of Google ads but not without risk. A supplier of medicines to recently got this feeling. “This campaigned for a drug with a Google ad, the link with the word neck pain” which distributed medicines was called by him and in addition the note here, you will find tips and help to relieve neck pain and cold “, stating the website took place. A competition Association bother on this indicator, because it contained not the medicines specifications required for duty, arising from the Heilmittelwerbegesetz (HWG). The District Court of Mannheim followed the competition Association.
So each must the Court considers The mandatory information according to 4, HWG contain advertising for medicines. This also applies to Google ads. The medium of the Internet requires according to the judges as such not, to exclude it from the requirements of section 4 HWG. Relevant, not the special scheme for audiovisual media was HWG after the text with the obligatory television against a neutral background to render readable and at the same time to speak is also in 4 paragraph 5. This derogation applies namely Internet advertising only if will shown after kind of a video clip in moving images does not, however, even if you will be presenting in the images and texts.
Also on the additional exemption in 4 par. 6 HWG could the company not rely. According to this rule there is no need of mandatory, unless there is a so-called reminder advertising. This is where exclusively with the designation of a medicinal product or in addition with the name, the company, the brand of the pharmaceutical company or referring to the active ingredient will. Additional information lead but out the scope, if a content that is relevant in medical terms. “” These preconditions are fulfilled according to the Court in the present case, because the advertising sore throat “and colds” when applications contained what was medically relevant without further ADO. As a result there is thus for the placement of advertisements for medicines indicating the mandatory, if not a reminder advertising is. Also for other products such as cosmetic products, medical devices and biocidal products, caution is advised. The same applies for cosmetic procedures such as fat treatments Wrinkels etc., With the display a concrete promise of action can be connected, what must scientifically demonstrate. Caution is also advised if one already has been warned off as companies and issued a cease and desist. May notice a new Google ad in the forbearance, which can result in a penalty. Biocidal products also make sure that there certain mandatory information must be made. Also here is the question whether these notes already directly must appear in the Google ad or whether a link is sufficient. Nothing is to consider the General brand and trademark issue when foreign and company insignia used AdWords or appear in the ads. To do this, there are a number of current court decisions. All in all should precede a careful assessment to each Google ad. Otherwise unpleasant disputes threaten competition associations and competitors.