Medicines are not ordinary commodities, and therefore cannot be marketed freely and unselectively to just anybody.
The pharmaceutical industry and its marketing practices are regulated by several laws. In addition to legislation, the industry has also agreed on a voluntary Code of Ethics. The aim of the voluntary self-regulation in accordance with the Code is to cultivate ethical operations, respecting the common rules. The same model is followed in other sectors of society: the press regulates its operations through the Council for Mass Media in Finland, and the Finnish hockey league has its own disciplinary committee.
The Code of Ethics is based on the valid medicines, consumer and competition legislation, as well as on the international norms on pharmaceutical marketing. The Code comprises the ground rules for marketing medicines. Moreover, the Code of Ethics includes the Code for the Good Medical Sales Representation Practices, code for the co-operation between the pharmaceutical industry and patient organisations and code for health awareness information and other information on health and diseases targeted at consumers.
Prescription-only medicines may be marketed to physicians, senior pharmacists and the pharmaceutical staff in pharmacies. Over-the-counter medicines can also be advertised to consumers.
Finland is a pioneer in the auto-regulation of pharmaceutical marketing. The first voluntary controls date back to 1959, and have been modified as the world changes. The most recent update came into force on 1 July 2008.
Compliance with the Code and the ensuing disputes are monitored and resolved by outside "referees": two Inspection Boards and their umbrella, the Supervisory Commission for the Marketing of Medicinal Products, which is also the appeal body.
The Inspection Boards show the yellow card when the pharmaceutical marketing targeted at the general public (Inspection Board I) or health care professionals (Inspection Board II) is in violation of the ground rules. If the Inspection Board finds that the recommendations related to the yellow card have not been followed, it will give the red card. Finally, suspension is the sanction for the failure to perform the obligatory preliminary inspection of radio and TV spots.
The Code has been created on a voluntary basis but the Pharma Industry Finland member companies are committed to following it. A breach of the agreed ground rules may lead, at worst, to sanction payments of tens of thousands of euro.
Further information:
Inspection Boards Sirkka Aaltonen, Specialist tel. +358 9 6150 4926
Supervisory Commission for the Marketing of Pharmaceutical Products Tiina Satti, legal counsel tel. +358 9 6150 4911