Transparency and Advertising
Information Circular no. º 012/CD/8.1.6 of 2014-01-17

Infarmed clarifies the following:

  • Pursuant to paragraph 5 of Article 159 of the Medicinal Products Act, legal entities will also be required to declare to the Communications Platform - Transparency and Publicity any kind sponsorship granted to individuals, including health professionals from January 22, 2014.
  • Moreover, under paragraph 7 of that Article 159 of the Medicinal Products Act, it is not necessary to communicate in the Communications Platform - Advertising Transparency salaries and other regular and periodic payments, in cash o r in kind, that individuals receive from a single entity when those benefits come from dependent or independent labor, provided they correspond to 80% or more  of the total annual value  of the proceeds of their work.

Discount Program
Information Circular no. º 013/CD/.8.1.6 of 2014-01-17

Infarmed clarifies the following:

  • The discount programs involving a discount in the price of medicinal products, including through the use of discount card, granted by pharmaceutical companies to users (the general public) are not legally allowed.
  • The rebates granted by pharmaceutical companies to pharmacies within the circuit of the medicinal products, made in an universal way, in respect of a medicinal product in the context of its commercial relations are accepted and are excluded from the rules governing the advertising of medicinal products.
  • Discounts  to  users  can  only  be  made  by  pharmacies,  observing  the  principle of equality, in the terms set forth in article 5 º and subparagraph d) of paragraph 1 of Article 28 of Decree - Law no 307/2007 , of 31 August, in its current version , and numbers 3 and 4 of Article 3. Decree- Law n . 112/ 2011 of 29 November.