On 20th June 2008 the Federal Antimonopoly Service (FAS Russia) imposed administrative fines for violating the advertising legislation in the amount of 50 000 Rubles upon «Seven Days» Publishing House» CJSC and 40 000 Rubles - upon «Penta-Clinic» Ltd.
On 9th June 2008, FAS Russia recognized that advertisement of medical services of the «Penta-Clinic» Centre, published in No.10 «Seven Days TV-Programme» (3-9 March 2008), was improper. The advertisement violated Article 16 of the Federal Law «On Advertising», as well as Part 7 Article 24 of the Law.
FAS Russia issued a determination to the advertiser - «Penta-Clinic» Diagnostic and Treatment Centre Ltd. and the distributor - «Seven Days» Publishing House» CJSC - to stop violating the advertising legislation.
On page 109 of No.10 «Seven Days TV-Programme» (3-9 March 2008) there was an advertisement of medical services offered by «Penta-Clinic» Diagnostic and Treatment Centre Ltd.
In the advertisement of medical services offered by the «Penta-Clinic» Centre, the area of a statutory warning was 2.55 ñm2, that is 3.08%, which is less than 5% of the advertising area. Therefore, the advertisement breached Part 7 Article 24 of the Federal Law «On Advertising».
The «Seven Days TV-Programme» magazine is a periodical printed publication, which does not specialize in announcements and materials of an advertising nature, and advertisements placed in the magazine must have a notice «advertisement» or «for publicity purposes». However, the advertising block in question did not contain any notices «advertisement» or «for publicity purposes». Therefore, the advertisement breached Article 16 of the Federal Law «On Advertising», specifying that advertisements should be accompanied by such a notice.
Reference:
Under Part 7 Article 24 of the Federal Law «On Advertising», advertisements of medical services, including treatment methods, must be accompanied by a warning about counter-indications to their use and application, the need to study the application instruction or obtain expert advice. The warning should occupy no less than 5% of the advertising area.
Under Article 16 of the Federal Law «On Advertising», advertising texts in periodical printed publications, that do not specialize in announcements and materials of an advertising nature, must have a notice «advertisement» or «for publicity purposes». The advertising volume in such publications should not exceed 40% of one issue of periodical printed publications.
