Questione giuridica chiave
Whether the brochure and cover letter constituted prohibited public advertising for prescription medicines
Decisione estratta
Yes. The mailing indirectly referred to triptans, promoted the sale of Relpax and other triptan medicines, and was addressed to the public rather than professionals.
Motivazione estratta
Advertising under the HMG and AWV is assessed objectively by the overall presentation and purpose. A direct product name is unnecessary; indirect reference to a drug group can suffice. The brochure portrayed triptans as the best or only effective treatment and omitted alternatives and adverse effects, so it was not mere general health information.