The Legal Regulation Study On Medical Device Advertisement

In modern society, with the abundance of material and the continuous improvement of spiritual needs, People’s emphasis on physical health is higher than ever before. More and more portable, small-sized medical devices are entering into countless families rather than used only in hospitals, such as sphygmomanometer, glucometer, oxygenators, massager and so on. With the increase demand for medical devices, the medical device advertisements might be raised at the same time. What’s more, the fierce competition made it in various types and diverse methods. There will be no lack of lawbreakers joining in the competition by unfair means in order to make profit.Medical devices are the special goods that closely associated with people’s heath and safety, so the legal regulation towards medical device advertising should be very strict. The content of medical device advertisements should comply with relevant laws and regulations and they must be true, precise and scientific. The advertisements can’t deceive or mislead the consumers in any way. Because of the specialty of medical devices, and the asymmetric information among advertisers, the customers are always in the weak position. Although the "Advertising Law" and the "Supervision and Regulation of Medical Devices" of our country regulated the advertisements on medical device, the illegal advertisements of medical devices are still quite serious due to the inadequate legislation, regulatory enforcement and associated supporting systems.This paper studies the medical device advertising from the perspective of legal regulation. It is composed of the introduction and four chapters. Introduction introduces the origin and the significance of the study, the situation, the innovation, the shortage of this study and other contents. The first chapter focuses on the definition of medical device advertising and the marketing rules. The second chapter introduces the present situation of medical adverting regulation and the lack of regulation on it. The third chapter is the comparison between China’s actual situation and other developed countries in legal regulation. Thus summarizes some advice we can take from them. The last chapter puts forward some suggestions on our legislation, law enforcement and other supporting systems, hoping that China’s medical device market could be developed legally, healthily and orderly.