13 May 2010

Tell the narcogene "face"!

FAS of Russia: advertising of the method of treatment for alcoholism and drug addiction "Narcogen" misleads consumersOn May 5, 2010, the Federal Antimonopoly Service recognized the advertisement (advertiser – Medexpress LLC) of the method of treatment for alcoholism and drug addiction at the genetic level "Narcogen" as improper, violating the requirements of paragraph 2 of Part 3 of Article 5 and Part 5 of Article 7 of the Federal Law "On Advertising".

The Federal Antimonopoly Service of Russia received a statement from the NGO "Federation of Legal Assistance to Consumers" indicating signs of violation of the legislation on advertising in the advertisement of the method of treatment for alcoholism and drug addiction "Narc", posted on the air of radio stations: "Maximum", "Our Radio", "BestFM", "First Popular" in the period from 21.01.2009 to 31.05.2009 G.

Three commercials were placed on the air of radio stations, in which the expressions were used: "For the first time in Russia!", "My dream is for Dad to stop drinking", "Narcogen" is confidence ...".

It follows from the content of the advertisement that the "Narcogen" treatment method consists in the fact that some "negative information" will be removed from the patient's DNA, and useful information will be "automatically" recorded in its place, while the effectiveness of the "Narcogen" treatment method for alcoholism and (or) drug addiction is one hundred percent, and the cure occurs completely in every patient, by changing his DNA.

However, according to a letter from the Ministry of Health and Social Development of Russia, it is currently not possible to remove information about addiction to drugs and alcohol from the DNA of a patient with alcoholism or drug addiction.

In accordance with paragraph 2 of Part 3 of Article 5 of the Federal Law "On Advertising", an advertisement that contains information that does not correspond to reality is considered unreliable: about any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, conditions of use of the product, its place of origin, availability certificate of conformity or declaration of conformity, signs of conformity and signs of circulation on the market, service life, shelf life of the goods.

For reference:
In accordance with part 5 of Article 7 of the Law on Advertising, advertising of goods subject to state registration is not allowed in the absence of such registration.
According to the first paragraph of Article 43 of the Law of July 22, 1993 "Fundamentals of the Legislation of the Russian Federation on the protection of citizens' health", methods of prevention, diagnosis, treatment, medical technologies, medicines, immunobiological preparations and disinfectants authorized for use in accordance with the procedure established by law are used in healthcare practice.
According to paragraph "e" of part 5 of the "Regulations on licensing of medical activities", approved by the decree of the Government of the Russian Federation of January 22, 2007, licensing requirements and conditions in the implementation of medical activities are compliance by the licensee of medical technologies in the implementation of medical activities permitted for use in accordance with the procedure established by the legislation of the Russian Federation.

The advertising distributors did not provide permits for the use of the method of treatment for alcoholism and drug addiction "Narcogen".

It follows from the letter of the Federal Service for Supervision of Healthcare and Social Development that the method of treatment "Narcogen" was not submitted for consideration and permission to use it as a new medical technology and, therefore, was not registered in accordance with the established procedure.

Thus, in the advertising of the "Narcogen" treatment method, paragraph 2 of Part 3 of Article 5 and Part 5 of Article 7 of the Federal Law "On Advertising" are violated. The FAS of Russia ordered to stop further distribution of inappropriate advertising. Upon the fact of the violation, the antimonopoly service initiated a case to determine the measure of administrative responsibility (the amount of the fine).

Portal "Eternal youth" http://vechnayamolodost.ru13.05.2010

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