Medicinal claims and medical indications in ads may only be made for medical devices which are CE-marked to show they have been approved under the relevant EU legislation. Under the advertising rules, a medicinal claim is defined as a claim which suggests a product can be used to make a medical diagnosis, or can be used to treat or prevent disease, injury, ailments or adverse conditions of the mind or body, in humans.
It is important to note, a CE mark does not automatically mean advertisers can make claims about the efficacy of a product without holding additional evidence which supports the claim and can be provided on request.
Other rules that are important when advertising a medical device include ensuring the ad does not encourage consumers to use a product to excess, or discourage them from essential treatment for conditions for which medical supervision should be sought. Advertisers also must be careful not to confuse consumers by using unfamiliar scientific words for common conditions.
