IMCA’s Clarifications on Advertising of Medical Cannabis Products
The Israeli Medical Cannabis Agency (“IMCA”), which was established in 2011 and was granted the authority to issue licenses for the use of cannabis for medical purposes, has issued, in June 2021, a formal clarification, with respect to advertising of medical cannabis product. The IMCA’s publication clarifies that section 42 of the Dangerous Drugs Regulations, 5719-1979 (the “Section 42” and the “Dangerous Drugs Regulations”, respectively) applies also to medical cannabis products (as well as to any other medicinal products that contain a dangerous drug). Section 42 states that advertisement of a dangerous drug for commercial purposes is subject to the approval of the Director General of the Ministry of Health, and shall be carried out only in professional literature.
According to IMCA’s clarification, a company holding a license to operate in the medical cannabis field (whether to manufacture, grow, market or sell) may present information on its website, and such presentation shall not be in violation of Section 42, provided that the information is not misleading and is not used to encourage illegal and/or non-medical use of cannabis. The following information may be presented: (i) details on medical cannabis products that are manufactured or marketed in accordance with a valid license: trade name, product’s composition, product’s picture and the leaflet approved by the IMCA; (ii) information with respect to the prices of the medical cannabis products approved for marketing (including information on related discounts); and (iii) information with respect to the availability of approved medical cannabis products at the pharmacies authorized to sell such products.
Companies that wish to present additional information and/or for the advertisement of information in a different manner, may apply to the IMCA, in writing, to obtain the IMCA’s approval to do so provided that the information shall not be misleading and shall not be used to encourage illegal and/or non-medical use of cannabis.
We note that the above is merely a short summary of the subject matter, and does not cover all relevant provisions of the guidelines. For additional information please contact your Gross & Co. attorney or one of the following Adv. Hili Cohen, partner and head of life sciences department (Hili@gkh-law.com) Adv. Tami Fishman, partner (Tamif@gkh-law.com), or Adv. Ofir Goldstein (Ofirg@Gkh-Law.com).
Gross Law Firm (GKH) is one of the leading law firms in Israel, with over 170 attorneys. GKH specializes, both in Israel and abroad, in various fields of law including Mergers and Acquisitions, Capital Markets, Technology, Healthcare and Life Science, Banking, Real Estate, Project Finance, Litigation, Antitrust, Energy and Infrastructure, Environmental Law, Intellectual Property, Labor Law and Tax. This alert is prepared as an informational service to clients and colleagues of Gross & Co. (GKH) and the information presented is not intended to provide legal opinions or advice. Readers should seek professional legal advice regarding the matters about which they are particularly concerned.
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