January 2022 Promotion for a free trial of a medicinal product by Skin + Me Limited
Published 15 March 2022
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Dermatica Limited complained about a promotional offer presented on Skin + Me’s website. The complainant alleged that the website displayed a promotional offer to obtain a medicinal product for free as a trial.
The MHRA’s view was that an advertisement that presents a promotional offer to obtain a medicinal product for free is likely in breach of regulation 293 of the Regulations, which prohibits the sale or supply of a medicinal product to the public for a promotional purpose by a marketing authorisation holder or as part of a business that supplies medicines. On the basis of concerns about the overall presentation of the promotional offer, The MHRA upheld the complaint. The MHRA considered that reference to a “pharmacy fee” to be paid would not be understood by consumers as payment for a medicinal product. The company agreed to make amendments to the promotional offer to ensure that: it was clearly described as a free consultation; consumers would be charged a non-trivial amount of money for any medicinal product supplied after consultation; and that the nature and extent of any commitment is made clear to the consumer.