Medicines, Medical Devices, Treatments and Health

Medicines

There are detailed rules on medicines advertising in Section 11 of the BCAP Code. A ‘medicinal claim’ includes any claim that a product can treat or prevent disease, including an injury, ailment or adverse condition.

Only over-the-counter medicines with a Marketing Authorisation (MA) can be advertised on radio. Any medicinal claim in advertising copy must reflect the content of the relevant MA. Details of claims authorised by the MA can be found by searching online for the product’s Summary of Product Characteristics.

Advertisements for prescription only medicines (POMs) are not acceptable (e.g. Botox). This includes indirect references to POMs; e.g. ‘medical grade skincare’ in an ad for a cosmetic skincare clinic offering Botox.

Non-medicinal claims in scripts that are not covered by an MA (e.g. ‘gets to work in 10 minutes and lasts all day’) will be referred to a Radiocentre medical consultant, together with appropriate substantiation. This should normally be in the form of published clinical trials. See our Helpnote, Robust Clinical Evidence for more on the standard of evidence required.

Advertisements for medicinal products must include the name of the product, the name of the active ingredient if it contains only one, an indication of the condition the product is authorised to treat and the tag “always read the label” or “always read the leaflet”.

Medical Devices

A medical device is an ‘instrument, apparatus, appliance, material or other article’ intended for ‘diagnosis, prevention, monitoring, treatment or alleviation of disease’ but which ‘which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means’.

Medical devices can be advertised on radio providing they are CE Marked or UKCA Marked for sale in the UK. There is a transition period following Brexit after which all products will need to be UKCA Marked. Some medical devices must be assessed by a ‘notified body’ before they can be marketed. Radiocentre will not, however, approve scripts solely based on holding a Mark. We will also need to see robust clinical evidence in support of claims and this will be referred to one of our consultants.

Treatments and Health

Non-medicinal claims for products or services must also be supported by robust clinical evidence and may be referred to a medical consultant for review.

Clinics and the like are subject to the requirements of BCAP Code Rule 11.9 and relevant supporting documentation should be provided for clearance.

Disease Awareness Campaigns (DACs)

Advertisements for DACs aim to provide listeners with information, and to promote awareness or educate the public about health, diseases and their management. DACs must not promote medicinal products to the public. The emphasis of ads must be on the medical condition and its recognition rather than the treatment options. Particular care is needed where there is only one or a limited number of treatments for the condition referred to.

See also our guidance:

Helpnote – Clinics & Treatments
Hospitals & Clinics
Beauty Salons & Treatments
Laser Treatments