Attorneys Provide Global Comparative Analysis on Pharmaceutical Advertising Law and Regulations

A cross-border team of attorneys explored recent developments related to advertising and promotion, in the context of social media communications, patient engagement and recruitment, and disease awareness communications in three key geographical regions of the United States, Europe and China.

In the International Comparative Legal Guide – Pharmaceutical Advertising 2023 chapter, the authors describe the pace, scope and complexity of changes caused by transformative innovations in the health care delivery system to address patient needs. These changes are affecting every facet of how life sciences companies will design their internal governance structures and regulatory approaches to ensure external engagements are compliant. 

The authors note that social media platforms are leading to profound changes in the ways that information is created, communicated and consumed. Advertising and promotional rules will need to be adapted to accommodate these technological advances. Optimizing recruitment of clinical trial patients who are most likely to respond to treatment through various innovative designs and incentive schemes will present unique compliance challenges. Meaningful engagement with health care professionals and patients by placing greater emphasis on the patient experience will become a necessity to map an integrated care management journey and achieve desired outcomes.

The chapter was authored by life sciences regulatory & compliance partner and head of European life sciences Lincoln Tsang, life sciences partner Katherine Wang and life sciences regulatory and compliance partner Kellie Combs, with contributions from health care associate Julie Kvedar.