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Medicines, foods and medical devices; medical and health claims

Advertising of these products is governed in particular by Act No. 40/1995 Coll., on the regulation of advertising.

The rules below, which determine what should and should not be included in advertising for medicines, food (especially food supplements) and medical devices, are summarised in this overview

Advertising for these products and devices must contain mandatory and prominent labelling, and must also comply with the points mentioned for each of the segments.

General rules

  • Written notices on banners, which are required by law, must be legible, i.e. they must be clear text.
  • General advertisements, e.g. one which is displayed when querying flu or vitamin c, or non-specific native advertisements do not have to contain the text of the mandatory label (food supplement, medicine for internal use, medical device, etc.) unless they promote a specific product - they do not mention the name or a unique part of the name and do not show a picture of the product.

Medicines

  • The medicine must be in the SÚKL database:
  • Advertising of prescription drugs and/or drugs containing narcotic drugs and psychotropic substances is prohibited (the only exception is prescription drugs within a vaccination campaign approved by the Ministry of Health – a written proof of the approval of the vaccination campaign by the Ministry must be provided to Seznam.cz);
  • Advertising for over-the-counter medicines must always include::
    • information that it is a medicine;
    • the exact name of the medicine (as it is listed in the SÚKL database);
    • information on the correct use of the medicine;
    • an invitation to read the package leaflet carefully (e.g. "Medicine for internal/external use. Read the packaging or package leaflet before use"););
    • a minimum of "Medicinal product for internal/external use."
    • if the information does not fit into the ad format (e.g., Product Ads and Dynamic Retargeting in Sklik), the information needs to be included on the landing page;
  • The advertisement must not give the impression that a consultation with a medical doctor is not necessary; the advertisement must not contain obviously exaggerated claims about the possibility of recovery or improved health (e.g. "you will never have the flu again"); the advertisement must not invoke the recommendations of scientists and medical experts to increase the chances of sales of the medicine; the advertisement must not claim that the medicine is effective simply because it is of natural origin; and the advertisement must not exaggerate the specific manifestations of the disease.

Foods

For all foods, including the categories listed below, the rules on medical, health and nutrition claims apply: https://www.szpi.gov.cz/clanek/voditka-k-problematice-zdravotnich-a-vyzivovych-tvrzeni.aspx

Special foods

The food must be in one of the following databases:
  • Register of notified foods
  • Register of decisions of the Chief Hygienist (until 1 January 2015):
    • if the product cannot be traced in these registers, it is necessary to provide Seznam.cz with documents confirming proper registration of the product with the Ministry of Health or the Ministry of Agriculture.
  • Foods must not be attributed preventive or curative effects or special characteristic properties if all similar foods have these properties.

    • Prohibition of displaying or mentioning doctors, medical symbols, etc.
    • No reference to non-specific scientific studies.

Food supplement

Advertisements for food supplements must contain the clear text "food supplement" (also possible in the visible URL, i.e. without diacritics); this rule also applies to text ads in Sklik, native ads, etc.
  • The advertisement must not imply that the food supplement is a cure (i.e. attribute to the food supplement the property of preventing, alleviating or curing a disease).
  • Product advertisements and Dynamic Retargeting are possible if the text "food supplement" is on the landing page.

Special nutrition

In the case of so-called food (intended) for special nutrition, the advertisement should contain a clear indication of at least the category to which the so-called food for so-called special nutrition belongs (eg "continuing infant nutrition").
  • Product ads and Dynamic retargeting in Sklik can be used if this information is on the landing page.
Since 2016, according to EU Regulation 609/2013, the following foods fall into this category:
  • Initial and continued infant nutrition;
    • Advertising of infant formula is prohibited.
    • Advertising for follow-on formula shall not include terms such as "humanized" or "maternized“ or similar terms and must not give the impression that it fully replaces natural breastfeeding.
    • Phrases such as "recommended by mothers", "approved by mothers", etc. are prohibited.
  • Cereal and baby foods;
  • Foods for special medical purposes;

Seznam.cz reserves the right not to allow the advertiser to advertise food supplements, food for special nutrition, infant formula and medicines in the event of repeated violations of the Advertising Rules or in the event of questionable wording of advertisements.

Medical devices

The definition of a medical device is determined primarily by Regulation (EU) 2017/745 of the European Parliament and of the Council, which is newly referred to in Act No. 89/2021 Coll., on medical devices. Advertising of medical devices must:
  • be worded in such a way that makes it clear that it is a medical device – it is necessary that the advertisement is not confusing in any way
  • contain the trade name and intended purpose – must be directly part of the advertisement and contain the name of the product and the essential characteristics (as defined by the manufacturer). e.g. "ABCDEF Beautiful Mask, medical face mask"
    • In case the information does not fit into the ad format (e.g. Product Ads and Dynamic Retargeting in Sklik), the landing page needs to contain this information;
  • The ad must include a clear/readable prompt to read the instructions carefully (can be applied similarly to medicines and the prompt to read the package insert)
    • In case the information does not fit into the ad format (e.g. product ads and Dynamic retargeting in Sklik), the landing page needs to contain the information;

Advertising of medical devices (and in vitro diagnostic devices*) that can only be used/dispensed by a professional is prohibited (similar to "prescription drugs")
    • ○ * In vitro medical device: medical devices such as reagents, calibrators, control materials or tubes for performing diagnostic tests, such as blood tests for infection or urine tests for glucose, which use material from the human body.

Advertising of medical devices must not::
  • give the impression that there is no need to consult a doctor/expert;
  • imply that the use of the device is superior or equivalent to the treatment or use of another medical device; advertising must not imply that clinical efficacy is guaranteed;
  • imply that failure to use the device may cause adverse health effects;
  • be directed at persons under 15 years of age;
  • refer to endorsements by scientists, health professionals or people with social influence - e.g. influencers;
  • imply that the safety or efficacy of the product is purely due to its natural origin;
  • mislead with "true stories" - e.g. "How lenses saved our lives" with links to similar texts and the content of the website itself. If such an article is found somewhere on the site (but not advertised), it is purely the responsibility of the site owner;
  • give the impression of the possibility of recovery;
  • depict changes to the human body caused by illness/injury/as a consequence of the use of the medical device.
  • it can not referring to any state administration in any way

Please verify that the products are not subject to any further service limitations.

Health-targeted advertising

Advertising must not imply that a product is a medicine, medical device, etc., unless this is true. Advertising must not
  • imply that the use of the product will improve or maintain the health of the person using it;
  • imply that the non-use of the product may adversely affect human health;
  • be used to imply or give the impression of this by referring to the recommendations of scientists, health professionals or persons who are not such but who have real social influence (in particular influencers on social media).

In the case of medicines, food supplements, medical devices and other special products, separate special regulations apply in respect of medical, health and nutrition claims (see, inter alia, above).