Canadian Advertising and Marketing of Pharmaceuticals, Medical Devices and Natural Health Products

Why Should You Attend:

This advanced webinar will cater to all companies in the health product industry (including external advisors and consultants) who do business, or want to do business, in or with Canada and specifically, companies who advertise and/or market pharmaceuticals (prescription and over-the-counter), medical devices or natural health products in Canada.

These companies should be aware of the strict rules around advertising in Canada, and the penalties for being found offside these rules so that appropriate business decisions can be made. More and more, advertising and marketing campaigns are pushing the boundaries - particularly in the age of social media - and it is important that businesses be able to take appropriate risks to keep up with the competition without steering away from the rules and restrictions.

An error can be costly: Health Canada’s enforcement provisions include the ability to impose strict penalties and jail time, order a stop sale and/or product recall. The costs of doing business are becoming increasingly high, but for companies that can navigate the system appropriately, the benefits of innovative marketing campaigns are numerous.

Areas Covered in the Webinar:

• Introduction to the general principles of advertising and marketing law in Canada:
• The Competition Act
• The Canadian Code of Advertising Standards
• The prohibition on false and misleading advertising
• Claim substantiation
• General rules around advertising and marketing drugs and natural health products, including rules around packaging and labelling
• Use of advertising pre-clearance agencies
• Hot topics:
• The use of social media
• Testimonials
• Endorsements
• The importance of privacy laws

Who Will Benefit:

• Regulatory affairs personnel
• Marketing staff
• Business development or legal personnel within any pharmaceutical, medical device or natural health product (dietary supplement) company that advertises or markets product in Canada
• External consultants who advise pharmaceutical, medical device or natural health product (dietary supplement) companies on advertising and/or marketing product in Canada

Instructor Profile:

Sara Zborovski is a partner at the law firm of Davis LLP in Toronto. She assists companies regulated by Health Canada and the FDA obtain market access and in all areas of compliance.

Ms. Zborovski works with companies to get products from idea to market, and provides strategic advice on: compliance strategies, including advertising and marketing programs (including label review), pharmaceutical marketing and pricing requirements (including matters relating to provincial formulary listing), compliance programs relating to manufacturing and import (establishment licensing, GMP programs, post-market reporting obligations, and packaging), and intellectual property issues. She advises clients on federal and provincial privacy laws, particularly as these relate to the healthcare space, and federal and provincial access to information and freedom of information matters.

Ms. Zborovski also works with clients in all industries in matters relating to product safety, including crisis management, advocacy before the Inspectorate and product recalls.

Topic Background:

The advertising and marketing of pharmaceuticals (prescription and over-the-counter), medical devices and natural health products is highly regulated in Canada, and differs significantly from the US. A number of overlapping statutes govern what companies can say about these products, and the implications for being found outside these laws are substantial.

Canada has a unique system whereby advertising pre-clearance agencies are relied upon to ensure appropriate marketing. These agencies have their own codes, which include dispute resolution mechanisms. It is important that companies understand the parameters within which these agencies operate, and the availability of the dispute resolution mechanisms to address trade complaints. Finally, Canada’s privacy laws impact the collection of personal information through advertising and marketing campaigns, and must be considered by anyone engaging in such activities.

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