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If community pharmacists are providing private services, they must ensure they stay on the right side of the law, as Richard Hough and Thorrun Govind explain…

The continued challenge of securing adequate funding has led many pharmacies to increasingly turn to private services as a means of sustaining their operations.

In an incredibly challenging economic landscape, when it comes to weight management programmes, travel immunisations and private health screenings, pharmacies can help maintain their financial viability whilst continuing to support public health initiatives.

However, these services must be promoted responsibly. The Medicines and Healthcare products Regulatory Agency (MHRA) is responsible for regulating medicines and medical devices in the UK, ensuring their safety and efficacy.

MHRA Blue Guide offers crucial advice on advertising medicines

The MHRA’s Blue Guide offers crucial advice on advertising medicines, clarifying legal provisions and best practices for promotional activities.

It is a long-established legal foundation that prescription-only medicines (POMs) must not be directly advertised to the public, as stated in the Advertising Standards Authority (ASA) Code of Conduct (rule 12.12) and the Human Medicines Regulations 2012.

It is illegal to publish advertisements that might encourage the use of a POM. Additionally, the Blue Guide specifies that pharmacy websites should avoid direct purchase prompts like “buy now” or “add to basket.”

The ASA further cautions against marketing strategies that imply a medical consultation is unnecessary, such as offering a diagnosis or treatment solely via electronic communication or phone.

While pharmacies can promote their broader services, emphasis should be placed on consultation offerings, such as weight management programmes, rather than advertising specific prescription medications.

The General Pharmaceutical Council’s (GPhC) guidance reinforces the expectation that pharmacy websites must ensure an appropriate consultation occurs before allowing patients to select a POM and its quantity.

Regulatory authorities intend to stamp down on unlawful POM promotions

In a recent development on this topic – and providing a clear indication that the relevant regulatory authorities are intending to stamp down on unlawful POM promotions – on April 11, the ASA published a joint enforcement notice with the MHRA and GPhC, making clear advertisements for named weight loss POMs are prohibited, including online, on social media and by influencers, and that any remaining advertisements must be removed immediately.

Interestingly, the ASA also published that it is embracing advanced AI tools such as its Active Ad Monitoring system (AAMS) to enable it to monitor weight loss POM ads at pace and scale.

The ASA stated that in January, it undertook a review of online ads for weight loss providers using its AAMS tool, which enabled it to take in-depth look at adverts on online platforms.

That review discovered around 1,800 paid-for weight loss ads which the ASA identified as potentially advertising a POM. Around a quarter of those ads featured a named medication, some of which included a POM in breach of the ASA’s rules.

Pharmacies should bear in mind they may promote the services they provide, such as for those with a certain condition or travel immunisations. They may also provide information on the condition and its management, which may include a balanced overview of the range of therapeutic options available.

Such material should not highlight the qualities of a specific POM, since this is likely encourage individuals to request a particular treatment.

The appropriate management for a condition in an individual patient is for the prescriber and patient to jointly consider, which may include a number of medical factors as well as a range of therapeutic options.

The information associated with price lists should make it clear that the viewer’s preferred option will not be prescribed if it is not suitable.

For example, advertising for cosmetic procedures may promote the service provided, such as “treatment for lines and wrinkles,” as this is non-specific and may include various procedures.

Advertising materials which promote 'Botox' or 'botulinum toxin' would not be acceptable

However, advertising materials which promote “Botox” or “botulinum toxin” would not be acceptable. The prohibition on advertising POMs to the public applies equally to social networks, such as Facebook and X, just as it does to traditional media like magazine advertisements or displays on premises.

Any mention of the availability of a named POM from a clinic on social media is likely to be considered an advertisement, which is prohibited.

POMs should not be named in posts linked to the services being provided. This does not prevent factual comments on topical news items in social media, but such comments should not be used to promote POMs to the public.

Any claims relating to POMs made by service providers in tweets or other social media posts may encourage consumers to seek treatment with the medicine from that particular provider. Such material would likely be considered an advertisement for a medicine, which is prohibited.

While the financial pressures on pharmacies have necessitated a shift towards offering more private services, it is imperative that these services are promoted responsibly and ethically.

By focusing on consultation offerings and providing balanced information on therapeutic options, pharmacies can maintain their financial viability while upholding the integrity of their services.

Richard Hough is a partner and head of healthcare at Brabners LLP and a former pharmacist. His co-author Thorrun Govind is a solicitor at Brabners, a pharmacist and TV health expert.