PubSanDI programme - On 19 April 2024, the Department of Health of the Generalitat de Catalunya published in the Official Gazette of the Generalitat de Catalunya the following information Diari Oficial de la Generalitat de Catalunya the Resolution SLT/1258/2024, of 16 April, creating the Programme for monitoring the advertising of medical devices, cosmetics and products with purported health purposes in the digital environment..
The Programme for the surveillance of advertising of medical devices, cosmetics and products with purported health purposes in the digital environment., which the resolution identifies as PubSanDi Programme, has as its main mission «to promote the quality of information and advertising of medical devices and cosmetic products«as well as a increased surveillance of digital advertising of products with a purported therapeutic purpose.
In practice, the publication of the Resolution SLT/1258/2024 affects websites, social networking sites, e-commerce sites or any other portal or digital media used by e-commerce companies.Companies marketing this type of products and having their registered office in Catalonia. But it also affects any digital media that can be accessed by the citizens resident in Catalonia, even when the advertising is aimed at the Spanish State as a whole.
Digital commerce and, more specifically, the new technologies applied to the marketing, have enabled the emergence of new means of sales and promotion of health and cosmetic products. And it is up to the health authorities to ensure consumer safety and to verify that there is no misleading advertising on the digital channels where these companies sell their products.
For this reason, the Department of Health of the Generalitat de Catalunya has imposed on companies in the sector, through the publication of the Resolution SLT/1258/2024, the need to carry out regular reviews, checks and monitoring of content in digital advertising. It is foreseen that the PubSanDi Programme, which entered into force as soon as it was published in 2024, be maintained. in force for 3 years after its publication, i.e. until 2027.
Do you know what the obligations are for a cosmetics or medical device company when publishing a digital marketing campaign aimed at increasing sales? Do you want to know if the new Resolution SLT/1258/2024 does it affect your company's marketing campaigns? Then... Read on!
Main functions of the PubSanDi Programme: unpacking the Resolution SLT/1258/2024
As it has been designed from the outset, the scope of the PubSanDi Programme is particularly broad. Although in theory this resolution would only affect companies in the Catalan territory, in practice we find that all those digital marketing campaigns aimed at selling cosmetics and health products at the state level will also be affected, insofar as they are also accessible in Catalonia.
The Resolution SLT/1258/2024, of 16 April, establishing the Programme for monitoring the advertising of medical devices, cosmetics and products with purported health purposes in the digital environment lists and presents, in its Article 3, The main functions that the PubSanDi Programme.
These include the following:
· La monitoring digital advertising
· La detection of risky advertising: detection in digital media
- Elaborateadvertising guidelines, with indications and criteria that PS and cosmetics advertising in the digital environment must comply with.
· La regulatory training and outreach
· La monitoring of illegal advertising
PubSanDi programme and monitoring of digital advertising in the healthcare sector
The rapid development of the internet, virtual communities and digital content have enabled the creation of new sales channels for the health sector. And that, in turn, has allowed companies in the sector to advertising in new mass media previously non-existent and developing new digital platforms to allow the company to communicate more effectively with the users of such products. But they have also created, for health authorities, an enormous amount of content to review, to verify that the products are not being used by the public health authorities. claims and miscellaneous advertising claims comply with the regulations.
In practice, the publication of the Resolution SLT/1258/2024, of 16 April, creating the Programme for monitoring the advertising of medical devices, cosmetics and products with purported health purposes in the digital environment. is justified, in itself, by the need for these new channels and media to be monitored by health authorities autonomous regions (in order to comply with the regulations governing the advertising and marketing of claims of such products).
In short, the aim is to prevent companies, supposedly in the health sector, from advertising their products as if they were ‘magic remedies’. The main objective is to see which companies and which products do not comply with the claims - and which do not.claims- that are published in their digital advertising campaigns. In other words, to carry out the same advertising control that has already been done in recent decades, but which until now was focused on classic marketing.
Reflecting on the PubSanDi Programme
At Gabinete Técnico Farmacéutico M. Camps we believe that the control and surveillance of the advertising of medical devices, cosmetics and other products with purported health-related purposes it is very necessary, and that this is true in both the analogue and digital domains.
We therefore welcome the initiative taken by the Health Department of the Generalitat de Catalunya in this area. We welcome the fact that their concern about this advertising content has finally resulted in the publication of the Resolution SLT/1258/2024. And at the same time, that this publication has led to the creation of the PubSanDi Programme.
And we are grateful that the necessary steps are being taken in the right direction to ensure that digital advertising, as applied to the health, cosmetics and medical devices sector, complies with regulations on claims and avoid misleading the end-users of these products.