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Long-Awaited Decree Regulating Advertisement of Medical and Health Products and Services

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Law No. 206 for 2017 regulating the advertisement of health products and services required the creation of a committee for the licensing and review of advertisements of medical and health products and services (the “Committee”). The Committee was to be created by virtue of a decree of the Prime Minister. The Prime Minister issued decree No. 302 for 2022 to form the Committee (the “New Decree”), which has finally allowed for the implementation of Law No. 206 for 2017 following many years from its promulgation. The New Decree was issued in the Official Gazette on 23 January 2022 in Egypt and entered into force on 24 January 2022.

We will delve into the key highlights of the New Decree as follows:

Committee Composition

The Committee is headed by the Minister of Health and Population or his/her representative. Other bodies are represented in the Committee, such as the Ministry of Interior, the Minister of Supply and Internal Trade, the Ministry of Justice, the Media Syndicate, the Medical Syndicate, the Egyptian Pharmacists Syndicate and the Consumer Protection Agency. The Committee can form subcommittees to review specific advertisements.

The Committee can procure the help experts to opine on products and services without participating in any voting process.

Committee Mandate

The Committee is mandated with two main tasks:

    1. reviewing the advertisements presented by applicants to confirm compliance with the applicable regulations, including those governing pharmaceutical activities, food safety and medical establishments.
    2. reviewing complaints submitted to the Committee concerning advertisement breaches.
    3. creating a registry of the service providers and product manufacturers that regularly commit advertisement breaches, based on which the Committee shall issue awareness circulars.

Licensing System

In order to proceed with any advertisement, the applicant must submit an application in the form required by the Committee including all the required information and supporting documentation. The licensing fees should not exceed EGP 10,000 according to Law No. 206 for 2017.

The applicant will be notified of the Committee’s decision within two weeks from the full application submission date. The Committee’s decision can be subject to an appeal by the applicant within sixty days from the date the Committee decision is notified to the applicant.

Market Reaction

The Egyptian Medical Syndicate stated that the New Decree implements the Law No. 206 of 2017 whose implementation the Syndicate has repeatedly been calling for.

Members of Parliament praised the New Decree and stressed on the fact that it is a positive step in in the citizen’s best interests, especially considering the widespread chaos regarding the advertisement of health products and services without a license.