Patients like to be part of their healthcare decision-making, wanting information on the medication they are taking, and the choices available to them. However, they often find it difficult to identify reliable sources. Further, pharmaceutical companies, who know most about the medicines on the market, are severely restricted in what information they can provide to patients. This has led to many, including the European Commission, believing it is necessary to improve the quality of information available to patients, and to allow companies to be a part of that process. But there is an inherent conflict: on the one hand, patients have the right to receive accurate and useful information, but on the other, they should not be exposed to undue influence or misleading information, and the importance of the doctor-patient relationship should be maintained. The perceived benefits and risks of companies providing information directly to patients underlines the need for clear rules and limits, ensuring objectivity of the information and avoiding any promotional character.

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Originally published in theInternational Comparative Legal Guide to: Pharmaceutical Advertising 2018, 15th Edition, (London: Global Legal Group, Ltd.)

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