Propaganda de medicamentos no Brasil: é possível regular? / Medication advertising in Brazil: can it be regulated?

ABSTRACT

The regulation of medication advertising in Brazil has four weak points. Inspection and punishment of irregularities is carried out a posteriori to the infraction being committed (when the population has already been exposed to a sanitary risk). The fines charged by the Brazilian Sanitary Surveillance Agency (Anvisa) have a derisory value compared to investments in advertising. There is no mechanism that prevents fines from being transferred to prices. The phrase If symptoms persist, consult your doctor, rather than warning about the risks of self-medication, encourages using at least the first medication without a prescription, advising a visit to the doctor only if symptoms persist. Anvisa data and academic studies reveal that 90 percent to 100 percent of advertising shown in the media contains irregularities. Thus, the Anvisa Collegiate Board of Directors Resolution 102/2000, which seeks to regulate the sector, makes up a system that benefits the infractor and keeps the population at risk. This work analyses alternative regulation, looking at advertising's previous compliance statute through the surveillance system; it studies international statutes and proposes an alteration in the structure of the current model, inserting the logic of sanitary risk prevention.