Medication advertising in Brazil. Can it be regulated?
1Departamento de Ciências Sociais, Escola Nacional de Saúde Pública Sergio Arouca, Fundação Oswaldo Cruz, Rio de Janeiro, RJ, 21045-210, Brazil. alvaron@ensp.fiocruz.br
Ciencia & Saude Coletiva
|June 24, 2009
Summary
Brazilian medication advertising regulation is ineffective, exposing the public to risks. Current fines are too low and penalties are applied too late, necessitating a shift towards preventative measures.
Area of Science:
- Public Health
- Health Law
- Pharmaceutical Policy
Background:
- Current medication advertising regulation in Brazil suffers from significant weaknesses.
- Enforcement and penalties occur post-infraction, leaving the public exposed to health risks.
- Existing fines are financially insignificant compared to advertising budgets and can be passed on to consumers.
Purpose of the Study:
- To analyze the shortcomings of the current Brazilian regulatory framework for medication advertising (Anvisa Collegiate Board of Directors Resolution 102/2000).
- To identify alternative regulatory approaches, focusing on pre-compliance statutes and international best practices.
- To propose structural changes to the existing model, emphasizing the integration of sanitary risk prevention.
Main Methods:
- Analysis of existing Brazilian regulations and enforcement data from the Brazilian Sanitary Surveillance Agency (Anvisa).
- Review of academic studies on medication advertising irregularities.
- Comparative study of international regulatory statutes for pharmaceutical advertising.
Main Results:
- Anvisa data and academic research indicate that 90-100% of media medication advertisements contain irregularities.
- The current system, including the phrase 'If symptoms persist, consult your doctor,' inadvertently promotes self-medication.
- The regulatory system benefits violators and maintains public health risks due to its reactive and financially inadequate nature.
Conclusions:
- The current regulatory model for medication advertising in Brazil is fundamentally flawed, creating a system that favors non-compliance.
- A shift from post-infraction penalties to a proactive, pre-compliance surveillance system is necessary.
- Implementing a risk-prevention logic within the regulatory structure is crucial for safeguarding public health.
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