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

Duration: 60 Minutes
This webinar will provide attendees an overview of the relevant statutes, including the Competition Act, Food and Drugs Act and relevant regulations and information about the existence and operation of Canadian advertising pre-clearance agencies. The rules around advertising and marketing health products will be explained using examples, and hot topics in advertising and marketing will be covered, including the use of social media, testimonials and endorsements.
Canadian Advertising Preclearance Agencies
Instructor: Sara Zborovski
Product ID: 500751

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.

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 term, order a stop sale and/or product recall. The cost of doing business is becoming increasingly high, but for companies that can navigate the system appropriately, the benefits of innovative marketing campaigns are numerous.

Objectives of the Presentation:
The objectives include:
  • Introducing the general principles of advertising and marketing law in Canada such as the Competition Act , the Food and Drugs Act and Canadian Codes of Advertising Standards.
  • The prohibition on false and misleading advertising.
  • The importance of product classification and the general rules around advertising and marketing drugs, natural health products and medical devices.
  • Canada-specific considerations like advertising Pre-Clearance Agencies, Provincial legislation and oversight and Privacy legislation.
  • The use of social media, Testimonials and Endorsements.
Who can Benefit:
  • Regulatory affairs personnel.
  • Marketing staff.
  • In-house legal department.
  • Business development within any pharmaceutical, medical device or natural health product (dietary supplement) company which is advertising/marketing 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.
$299
Recorded Session for one participant
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  • Please click on the link to access the Recorded Session
  • Presentation handouts in downloadable PDF format will be updated on your OCP Account within 24 hours of the purchase of the product
  • Download the Certificate of Attendance and Purchase Invoice from your OCP Account after 48 hours of the product Purchase
  • Please share your valuable Feedback at the end of the session
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.
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