{"id":40782,"date":"2026-03-24T14:39:46","date_gmt":"2026-03-24T13:39:46","guid":{"rendered":"https:\/\/faus-moliner.com\/informacion-o-publicidad-el-canal-tambien-importa\/"},"modified":"2026-06-05T15:30:23","modified_gmt":"2026-06-05T14:30:23","slug":"informacion-o-publicidad-el-canal-tambien-importa","status":"publish","type":"post","link":"https:\/\/faus-moliner.com\/en\/informacion-o-publicidad-el-canal-tambien-importa\/","title":{"rendered":"Information or promotion? The distribution channel also matters"},"content":{"rendered":"\n

The importance of the distribution channel<\/strong><\/p>\n\n\n\n

The article in question, published in the Catalan Pharmaceutical Advertising Bulletin, highlights among other aspects- the importance of the distribution channel used for any material when determining whether it is informational or promotional in nature.<\/p>\n\n\n\n

In this respect, it emphasises that factors such as the channel used, the frequency of dissemination, and the context in which the information is shared may be decisive in identifying a promotional intent. It also provides practical guidance for addressing situations that frequently arise in practice.<\/p>\n\n\n\n

The line between information and promotion is thin<\/strong><\/p>\n\n\n\n

Directive 2001\/83\/EC and Royal Decree 1416\/1994 define \u201cadvertising\u201d as \u201cany form of door-to-door information, canvassing activity or inducement designed to promote the prescription, supply, sale or consumption of medicinal products\u201d. According to this definition and European case law, the key element in distinguishing between information and promotion is the purpose of the message (CJEU judgments of 2 April 2009, Damgaard<\/em>, C-421\/07, and of 22 April 2010, Association of the British Pharmaceutical Industry<\/em>, C-62\/09).<\/p>\n\n\n\n

Similarly, the Jury of Advertising of Autocontrol has held that the qualification of a message as promotional must be assessed on a case-by-case basis, considering the content of the message, the context of its dissemination, and the target audience (Decision of 10 February 2009, Nexavar\u00ae Case<\/em>).<\/p>\n\n\n\n

Elements for assessing promotional intent<\/strong><\/p>\n\n\n\n

Determining whether a promotional purpose exists is not always straightforward. Traditionally, the analysis has focused on the content of the material (e.g. brand references, laudatory tone, exclusive emphasis on benefits). However, the article underscores that, in addition to these elements, it is necessary to consider the conditions under which the material is disseminated:<\/p>\n\n\n\n