Aflofarm with PLN 26 mln fine from UOKiK

Antitrust watchdog UOKiK has slapped a PLN 26 million fine on pharma producer Aflofarm Farmacja Polska. The fine is for the misleading commercial of Aflofarm’s sinus infection Renopuren dietary supplement which “were advertised in a manner suggestive of actual medical properties.” According to Polish law dietary supplements cannot be advertised as medicine or in a way suggesting that they can cure diseases or prevent them. They’re treated as a food product. The advertisements in question which clearly stated that RenoPuren “relieves sinus blockage” or “increases immunity.” “Consumers are unable to differentiate between dietary supplements and medical products on their own; for the above reason, the properties of the given product must be expressly stated in the associated advertising. The audiences are inclined to perceive medical products as more attractive than mere dietary supplements. In addition, misleading information contained in the advertising may have encouraged parents to refrain from making an appointment with the doctor, giving their children the RenoPuren Zatoki Junior dietary supplement instead,” UOKiK President Marek Niechciał said. On top of that, Aflofarm was ordered to publish, at its own expense, statements to the effect that it has misled its customers. The decision is not final and Aflofarm already appealed against it. The appeal will be judged in a court.