Push or Pull? – Information to Patients and European Law

33 Pages Posted: 16 Jun 2011

See all articles by Leigh Hancher

Leigh Hancher

Tilburg Law School; Tilburg Law and Economics Center (TILEC)

Eva Földes

Tilburg Law and Economics Center (TILEC)

Date Written: June 16, 2011

Abstract

European Union law prohibits direct-to-consumer advertising of medicinal products for human use that are subject to prescription. However, EU law does not clarify the borderline between advertising and provision of non-promotional information on medicines, the latter being not as yet regulated at EU level. This article examines the latest initiative launched by the European Commission to establish a Community legal framework on direct-to-consumer information on prescription medicines by the pharmaceutical industry. On the background of earlier attempts at reform and the growing body of case law of the European Court of Justice the article discusses whether the Commission proposal is likely to promote patient empowerment and prevent information from being used to persuade as opposed to empower patients.

Keywords: Information to patients, prescription medicines, European law, patient empowerment, pharmaceuticals

JEL Classification: K32, I18

Suggested Citation

Hancher, Leigh and Földes, Eva, Push or Pull? – Information to Patients and European Law (June 16, 2011). TILEC Discussion Paper No. 2011-032, Available at SSRN: https://ssrn.com/abstract=1865751 or http://dx.doi.org/10.2139/ssrn.1865751

Leigh Hancher (Contact Author)

Tilburg Law School

Tilburg, 5000 LE
Netherlands

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

Eva Földes

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

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