Title The Study On The Legal Regulation Of Medical Advertisement

Medical ads are playing an important role in our life. Advertising can be both an economicactivity and a way of marketing. The medicine producers and the hospitals can provide theconsumers with constructive, useful advice and promote purchase in a legal advertising way;however, it also be used to deceive the consumers and knock down the opponents by exaggeratingthe effect of the medicine. With the development of market economy and the fierce competition,some medicine dealers deliver a number of exaggerated ads in the market to make profit, causinggreat economic loss and death of the patients. It is quite shocking that the false ads should be on themedia so openly.This thesis consists of four parts: a definition of medical ads; analysis of the ad problems andtheir causes; analysis of the successful experience of medical ad supervision in the developedcountries and some suggestions for perfecting the legislation of medical advertising in China.In China, ads are conventionally classified as government ads, public ads and commercial ads,which constitute the ads in a broad sense. Ads in a narrow sense are commercial ads, which arewhat they are meant in advertising laws. The medical ads focused on in this thesis belong to thecommercial ads, but they consist of medical service ads, medicine ads and medical apparatus andinstrument ads.At present, the ads market in China is in chaos, with false medical ads being everywhere inevery form. Some ads distort the testified content, and some use speculation under the coat ofhigh-tech, while others exaggerate the effect by inviting experts' assurance. The reason for thischaos can be summed up with the following factors: firstly, the particularity of ad content and theinperfect channel of distribution; secondly, the profit-driven ads with indifferent media; thirdly, theunclear responsibility of administration under poor supervision; lastly, small cost and punishmentfor law-breaking. All these reflect the weakness of our laws and regulations concerned with ads.With the problems above, the author thinks it is necessary that the regulations should beenforced and it is suggested that the following measures should be taken to stop false ads: adoptingpower-centered legislative mode; establishing perfect efficient supervision system; heavypunishment for illegal ads; seeking responsibility of the celebrity involved in false medical ads;establishing and bettering ad contract system. Besides, the enforcement of self-discipline of theadvertising industry is a good complement to the regulations of\ads.