Advertisement & Marketing

A business wisdom says: Advertise or die! A good product will only be perceived as such if also the promotion reaches its target group in a meaningful manner. Promotion and advertising in the life sciences and healthcare sector, in particular for pharmaceuticals, medical devices and food supplements as well as cosmetics, biocides and plant protection products, is, however, subject to various restrictions and requirements that need to be considered, such as the German Act on Unfair Competition (UWG), the German Act on Advertising in the Healthcare Sector (Heilmittelwerbegesetz – HWG), the Health Claims-Regulation, and ever-tightening anti-corruption laws and compliance codices. With years of extrajudicial and judicial experience in connection with the promotion of drugs, medical devices, food supplements as well as chemicals we support companies in particular in the following areas:

• Legal review and optimization of promotional materials in English or German language
• Legal review and optimization of materials for the medical press and/or lay press or of disease-awareness campaigns
• Legal support and review of pre-launch promotion, including the development of legal defense strategies
• Legal review and optimization of advertising concepts and marketing strategies in Germany and Europe, including pan-European coordination of approaches in different jurisdictions
• Legal review and support of the use of social media and other electronic media for advertising purposes
• Legal review and optimization of launch-strategies, including the development of legal defense strategies
• Legal review and advice on environment-related advertising, such as promotional communication of a company’s environment-related initiatives (see Environmental, Sustainability and Supply Chain Scrutiny)
• Extrajudicial and judicial defense of promotion and advertisements in the case of complaints, including the coordination of pan-Europan litigation
• Observation and review of promotion and advertisements of competitors, including the development of strategies for legal objections
• Extrajudicial and judicial enforcement of injunctions against competitors, especially by way of interim relief, including the coordination of pan-European litigation
• Running of tailor-made in-house seminars and trainings for marketing staff, sales staff etc. on legal compliance for marketing activities
• Development of tailor-made product- and/or company-specific guidance and processes for legal approval of marketing materials