May 29 2015
New claim authorized by Health Canada
Health Canada has recently indicated that it will now accept the claim "Authorized for sale by Health Canada" in advertisements for authorized health products that bear a Drug Identification Number (DIN), a Homeopathic Medicine Number (DIN-HM) or a Natural Product Number (NPN).
Until now, Health Canada refused to allow such a claim, based on the provisions of the Food and Drug Regulations and the Natural Health Products Regulations, which prohibit any label or advertisement for a drug from making any direct or indirect reference to the Food and Drugs Act or its Regulations. Indeed, in its Consumer Advertising Guidelines for Marketed Health Products, Health Canada specifically prohibits claims that “state or imply product endorsement or authorization by Health Canada or any other government agency”. Previously, the only option for manufacturers who wished to indicate that their products were authorized for sale by Health Canada was to include the DIN, DIN-HM, or NPN in their health product advertising.
This new permissible claim appears to have been formulated by Health Canada in response to requests from manufacturers who wanted a mechanism to better differentiate their authorized health products from the products that are unauthorized for sale in Canada. It is likely that Health Canada will amend its Consumer Advertising Guidelines for Marketed Health Products to reflect this new stance, which, it is important to specify, only allows allegations referring to the authorization for sale by Health Canada (and not allegations suggesting an endorsement from this organization).
Do not hesitate to contact Me Pierre Savoie should you have any questions regarding this new permissible claim.