On July 5, 2019, Health Canada announced a consultation on its new draft guidance: The Distinction Between Promotional and Non-promotional Messages and Activities for Health Products. Health product advertising, defined as including “any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device”, is strictly regulated in Canada. If a message is not considered to “promot[e]…sale or disposal”, it is not subject to the relevant provisions of the Food and Drugs Act and Regulations. This guidance is intended to clarify and outline factors and circumstances that contribute to rendering a message or activity non-promotional. The document updates Health Canada’s 1996 policy on the subject, which was last updated in 2005 for administrative purposes. Comments will be accepted until September 3, 2019.
