Pharmaceutical advertising in Kazakhstan: Important rules and requirements

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​​​​​​​​​​​​​​​​​​published on 12 August 2024 | reading time approx. 2 minutes​


In today's world, advertising of medicine and medical devices plays a key role in informing consumers about available products and their proper use. For several years now, since December 2020, Kazakhstan has had regulations in place to ensure the safety and credibility of such advertising. It is important for pharmaceutical compa­nies to take into account the legal requirements in order to effectively and legally promote their products on the market.


For example, mandatory requirements for advertising include providing information in Kazakh and Russian languages, completeness and reliability of information, compliance with the instructions for use, absence of exaggeration and avoidance of misleading statements. In addition, advertising material must be clear, under­standable and easy to read without specialized knowledge.
  
Regarding the information available in the advertisement of medicines, it should include the trade name, indications for use, route of administration and dosage, side effects, contraindications, conditions of dispens­ing, the name of the manufacturer and other mandatory data such as the name, address of the manufacturer and the number of the registration certificate and its expiry date. Also, in order to place an advertisement in front of a wide audience, it is necessary to obtain approval from public authorities in the form of an opinion that confirms that the content of the advertisement fulfils the criteria for public distribution and complies with current advertising legislation.
 
In order to obtain an opinion on the compliance of advertising with the legislation, it is required to conclude an agreement on the assessment of advertising materials with an authorized organization. The applicant must provide the necessary documents and materials and pay the cost of the assessment. Upon completion of the assessment, the applicant is issued a conclusion of conformity or a reasoned refusal. It is important to note that the advertiser places the advertisement only after the conclusion has been provided.
 
In addition, it should be noted that under the Health and Health System Code, in particular under the provi­sions of article 56, prohibitions have been established to ensure the legality and ethicality of the advertising of medicines and medical devices. For example, it is prohibited to advertise prescription drugs in the mass media, to use children in advertising of medicines (not intended for children), to distribute samples of prescription drugs and other prohibitions. 
 
These prohibitions are intended to maintain a professional and ethical standard in advertising, ensuring safe and accurate information for consumers. The Order of the Acting Minister of Health of the Republic of Kaza­khstan dated 27 June 2024 No. 36 approved new rules for advertising dietary supplements (biologically active additives). The rules apply to advertising of dietary supplements and other products. Advertising must be in the Kazakh language, at the request of the advertiser – in Russian and (or) other languages. It should not mislead consumers and should contain information on indications, contraindications, side effects, as well as special instructions for children, pregnant and lactating women.
 
It should also be noted that from 2024 there is mandatory identification and labelling of online advertising, including advertising of medicines. In this regard, Influencers (bloggers) who publish information on an online platform for a general audience for commercial purposes are obliged to visually or audibly mark the advertising content before it begins. The labelling must contain a clear indication that the material presented is an adver​­tisement. 
 
Thus, pharmaceutical companies seeking to enter the Kazakhstan market or strengthen their current position should be aware of the above-mentioned legislative rules and restrictions. Compliance with established adver­tising standards not only protects consumers, but also helps build brand trust. Effective, legal and ethical advertising is the key to success in today's medical products market. Ensure that your advertising materials comply with all legal requirements​.
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