Jurisdiction(s):
United Kingdom

Key definition

Advertising definition

What does Advertising mean? Advertising, in legal practice, describes any communication by a trader intended to promote the supply or transfer of products (goods, services, digital content). Across England & Wales, Scotland and Northern Ireland, legislation implementing the EU regime on misleading and comparative advertising (notably the Business Protection from Misleading Marketing Regulations 2008) defines advertising broadly as any form of representation made in connection with a trade, business, craft or profession to promote the supply of goods or services, including immovable property, rights and obligations. In Ireland, equivalent implementing measures adopt a materially similar definition; usage is broadly consistent across the...

Defining advertising of medicinal products under UK and EU law: scope, principles, case law, price promotions, corporate/scientific communications, social media, and POM/OTC boundaries

Published by a LexisNexis Life Sciences expert

Practice notes

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This Practice Note explores what is meant by advertising within the regulatory regime governing the advertising and promotion of medicinal products. It reviews which kinds of activity may amount to advertising and therefore fall under the strict rules that regulate the advertising and promotion of medicinal products. Note that this Practice Note cites case law of the Court of Justice of the European Union. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.

Advertising within the regulatory framework in the UK and EU

Not every item of information referring to a particular medicinal product is promotional or qualifies as advertising, but the boundary is narrow and can be difficult to identify, with potentially serious repercussions for pharmaceutical companies and others involved in communicating information about medicines. For further details on potential sanctions and the enforcement procedure in the UK, see Practice Note: Enforcement of the rules on advertising and promotion of medicinal products. Consequently, when assessing whether particular information or activities must comply with the rules on advertising and promotion of medicinal products, it is first necessary to determine whether the information or activity...

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Web page updated on 21/05/2026

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