FAS accused STADA of inappropriate advertising

The Commission of the Federal Antimonopoly Service (FAS) of Russia has found the manufacturer of the dietary supplement "Helinorm," JSC "Nizhpharm" (a division of STADA CIS), guilty of violating the advertising law. According to the FAS, the advertisement for "Helinorm" creates the impression among consumers that the dietary supplement has medicinal properties and can be used for the treatment and prevention of gastrointestinal diseases.

From July to October 2016, the advertisement for the dietary supplement "Helinorm" was broadcast by television channels: Channel One, TNT, STS, Ren-TV, "Domashny," STS Love, and «2x2»

The video sequence of the advertisements was accompanied by an announcer's message and reinforced with text: "Up to 75% of schoolchildren are carriers of Helicobacter pylori. Irregular eating habits and stress can trigger their growth. That's why I give my child 'Helinorm,' which helps maintain a safe level of Helicobacter pylori in the body." The advertisement depicted the drug's packaging with information stating that the drug "removes Helicobacter pylori bacteria from the body and contributes to the prevention of stomach diseases.«

According to the FAS, the visual images and verbal messages used in the advertisement provide grounds to believe that using the product will lead to the elimination of pathogenic bacteria, thereby preventing risk factors for the development of gastrointestinal diseases.

However, the advertisement and the packaging lack information indicating that the product is a dietary supplement.

In accordance with the FAS Commission's decision, JSC "Nizhny Novgorod Chemical and Pharmaceutical Plant," as well as the television channels broadcasting the advertisement – JSC "Channel One," JSC "TNT-Teleset," LLC "TRK '2x2'," LLC "Accept," and JSC "Set Televizionnykh Stantsiy" – must rectify the violations. Materials are being prepared to initiate administrative offense cases for determining fines.

A similar accusation was brought by the FAS against the pharmaceutical company Bayer and the television channel "TNT." The advertisement for the prenatal vitamins Elevit Pronatal (registered in Russia as a medicine) created the impression that healthy pregnant women need to take this drug.

STADA is a German pharmaceutical company founded in 1895. STADA specializes in the production and sale of generics and over-the-counter drugs. STADA is represented in 30 countries worldwide. STADA's production facilities are located in eight countries: Bosnia and Herzegovina, Vietnam, Germany, Ireland, China, the Netherlands, Russia, and Serbia. The total workforce numbers 10.5 thousand employees. The company's revenue in 2015 amounted to 2.12 billion euros.

To date, STADA's product portfolio in Russia includes over 150 drug names from various ATC classes and release forms, produced by leading Russian and international pharmaceutical companies – "Nizhpharm," STADA AG, Hemofarm A.D., and Grünenthal. According to SPARK Interfax, the sales revenue of JSC "Nizhpharm" for 2015 amounted to 26.8 billion rubles, with a net profit of over 2 billion rubles.