Amendments to the Advertising and Publicity Regulations Approved by the Panamanian Ministry of Health

Jorge Ortega, lawyer in Panama and expert in health regulation law, shares this article with us about the requirement that all advertising intended to promote products or services that have an impact on the health of the population must be approved by the Panamanian Ministry of Health. Therefore, it is essential to know the regulations that apply to obtain this type of authorization.

In general terms, any form of advertising regarding hygiene, preventive and curative medicine, products for hygienic or medicinal use, cosmetics and beauty products are forbidden in Panama unless previously approved by the Ministry of Health of the Republic of Panama. In this sense, any advertisement, publicity or propaganda that intends to promote alcoholic beverages, other licit drugs, medicines, food or food supplements, cosmetics, medical devices and related products, substances, procedures, or other forms or methods with attributed preventive and/or curative properties must be submitted to the consideration of the health authorities, prior to its publication or distribution. Failure to comply with this regulation may result in sanctions.

To guarantee the above, Panamanian legislation establishes that the Advertising and Propaganda Commission (hereinafter, "the Commission”), acts as the competent entity to advise and recommend to the General Directorate of Public Health of the Ministry of Health regarding the approval or rejection of advertising and propaganda materials related to products, materials, equipment or services affecting public health, conveyed through any existing or potential means of communication. Therefore, it is important to know that on May 20, 2024, the new internal operating regulations of the Commission came into force, established by Resolution No. 0372 of 2024, which regulates and includes new provisions relevant to the procedure for the approval of advertising requests for products or services that fall within its competence.

The following are some of the novel or relevant aspects of the new regulations:

i. Requests for approval of advertising material concerning regulated products will be submitted via technological means, utilizing an institutional e-mail enabled for such purpose.
ii. Likewise, by the same technological means, the applicant will be informed of the Commission's decision, which may be approved or rejected.
iii. It establishes the Commission's capacity to recommend to the health authorities the withdrawal of advertising and propaganda from all media in which it is being reproduced without authorization, as well as the imposition of sanctions, in accordance with the Sanitary Code, if it becomes aware, either by official report, complaint or complaint, of the existence of infringing advertising material.

It is essential to be duly advised on the legal provisions related to the advertising of products or services regulated by law to guarantee their proper commercial promotion and, at the same time, to avoid penalties resulting from non-compliance with regulations.