OREANDA-NEWS. On December 08, 2008 the Federal Antimonopoly Service (FAS Russia) recognized that "Fora-Pharm" Ltd. violated the law on advertising in broadcasting advertisements of several products by the radio station "Radio Rossia [Radio Russia]" OJSC. FAS Russia pronounced that the advertisements were unfair and that the advertisement of the "Sustavit Forte" cosmetic gel violated Clause 6 Part 5 Article 5 of the Federal Law "On Advertising" and the advertisement of the "Verbena-Kapli", "Okeanol" and "Amarantus" dietary supplements violated Clause 1 Part 1 Article 25 of the Federal Law "On Advertising", reported the press-centre of FAS Russia.

Experts of the antimonopoly authority established that "Fora-Pharm" Ltd. violated the antimonopoly legislation during the inspection on 16 - 27 June 2008 of "Radio Rossia" OJSC regarding compliance with Clauses 2, 4, 5 and 6 Part 5 Article 5, Clauses 5, 6 and 7 Article 7, and Articles 24 and 25 of the Federal Law "On Advertising".

The company violated the law by:
- broadcasting the advertisement of "Amarantus" in February- April 2008 in the programme "Yroki Zdorivya [Health Lessons]" on the radio station, which claimed that the product can treat liver dysfunctions and diseases. The advertisement stated that the product cleans liver and treats liver diseases. However, "Amarantus" is a dietary supplement and not a medicine.

- broadcasting in February - March 2008 on the same radio station the advertisement of the drops "Verbena- Chistie Sosudy [clean blood vessels]", which informed that the "Verbena- Chistie Sosudy" drops have medical properties and can treat diseases of blood-circulatory system. The "Verbena- Chistie Sosudy" drops are also registered as dietary supplement.

- broadcasting in February - April 2008 on the same radio station the advertisement of "Okeanol", which informed that the product can treat dysfunctions and diseases of heart, blood and blood vessels. The advertisement pointed out that the product helps decrease the level of cholesterol and thrombocytes, as well as normalize blood pressure. "Okeanol" is also registered as a dietary supplement.

Reference:
Under Clause 1 Part 1 Article 25 of the Federal Law "On Advertising", advertisements of dietary supplements and food supplements must not create an impression that these products are medicines and (or) have medical properties.

During the inspection, FAS Russia's experts also examined the advertisement of the "Sustavit Forte" broadcasted on the same radio station in September - December 2007 in for of several commercials under conventional titles "Sustavit Forte - pogoda - 3", "SustavitF + Memuaton", "Sustavit Forte - pogoda - 2" and "Sustavit 4".

The advertisement stated that the cr?me treats joints diseases.
According to the sanitary-and-epidemiological conclusion, "Sustavit Forte" is a cosmetic creme and not a medicine.

Reference:
Under Clause 6 Part 5 Article 5 of the Federal Law "On Advertising", advertisements cannot mention medical properties - positive effect upon clinical course - of the item of the advertising, except the advertisement of medicines and medical services, including methods of treatments, products of medical purpose and medical equipment.

FAS Russia issued a determination to the advertiser - "Fora-Pharm" Ltd. - to stop unfair advertising of the above products.

The case files have been forwarded to the responsible official of the antimonopoly authority for drawing up the protocol on an administrative offence.