Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The UK definition of a medicinal product also includes traditional herbal medicinal products (THM). Herbal medicines are derived wholly from plants and plant extracts.
Ensure your medicine is registered
THMs should have a “traditional herbal registration” under the Traditional Herbal Medicines Registration Scheme (which implements Directive 2004/24/EC) which, once obtained, allows marketers to advertise for the indications listed in the product’s summary of product characteristics. Medicinal claims should not be made for THMs which do not have the appropriate registration.
Marketers should contact the Medicines and Healthcare products Regulatory Agency (MHRA) for more information about registering a herbal medicine. This MHRA Guidance on Medicines: herbal and homeopathic - GOV.UK provides additional information about herbal medicines.
Include mandatory information in your ad
The CAP Code states that marketing communications for a traditional herbal medicinal product must include mandatory information which can be found in the Medicine and Healthcare Products Regulatory Agency’s (MHRA) Blue Guide (Rule 12.13). Mandatory information includes statements such as “based on traditional use only” and ads must not state or imply that registration is based upon evidence or clinical trials.
See ‘Healthcare: Medicinal claims’ and Healthcare: Prescription-only medicines.