HammerAdvertising
for
Doctors.
HammerAdvertising
for
Doctors.
from
The medical market is highly competitive and so every company tries to win the favor of doctors in particular. To attract attention, one company advertised with hammer prices and included a commercially available hammer as a promotional gift. But is that actually allowed? The Higher Regional Court of Hamburg has ruled on this.
Hammer advertising
A manufacturer of blood glucose monitoring systems advertised its product by sending gift boxes to doctors. It said:
Hammer prices are easy on your budget!
and
Quality at a great price
The box also contained a commercially available hammer as a promotional gift.
A competitor considered this form of advertising to be inadmissible because the advertising statement was misleading and the hammer was an inadmissible advertising gift under the law on therapeutic products.
Decision of the court on hammer advertising
The OLG Hamburg (Judgment of 20.03.2014 – Ref. 3 U 96/13 ) ruled in favor of the competitor and banned the advertising.
The statement about hammer prices saving the budget is misleading, as the products advertised in this way do not actually save the doctor’s drug budget, but would either have the same or even a higher impact.
The hammer as a promotional gift is a promotional gift for doctors that is inadmissible under the law on advertising medicinal products. According to the statutory provisions, an advertising gift to doctors is only permitted if the advertising gift is intended for use in the medical practice, i.e. if it is connected with the medical treatment activity. A normal hammer, which could at best be used for repair work in the practice, is therefore an inadmissible advertising gift.
Conclusion
This case shows once again that particular caution is required when advertising to doctors. While a hammer would not normally be objectionable as a promotional gift, it is banned in relation to doctors due to the tough rules of the law on advertising medicinal products.
We are happy to
advise you about
Competition law!
