Advertising of Medicinal Products in Kazakhstan - FCHAIN

The question of whether certain information qualifies as advertising of medicinal products regularly arises for pharmaceutical companies, distributors, pharmacy chains and medical institutions. An error in classifying materials as advertising or “just information” may lead to violations of legislation and sanctions. FChain’s lawyers have prepared a brief overview of the key provisions of the legislation of the Republic of Kazakhstan on advertising of medicinal products and typical risks when preparing promotional materials.

What Is Considered Advertising of Medicinal Products?

According to the Law of the Republic of Kazakhstan “On Advertising”, advertising is any information disseminated in any form and by any means for an indefinite circle of persons, if its purpose is to form or maintain interest in goods, services, persons and to promote them. The following qualify as advertising: texts and images on brochures, leaflets, posters, outdoor structures, publications in mass media and on the internet, materials at points of sale and in medical organizations, other ways of communicating information, if they clearly stimulate demand and sales. Advertising must: be truthful, be clearly recognizable as advertising, be presented in the state language, and, where necessary, also in Russian and other languages.

Definition of a Medicinal Product

Under the applicable regulations, a medicinal product is a product intended for treatment, prevention, diagnosis of diseases or correction of functions of the human body. If the information promotes a specific medicinal product (trade name, features of use, advantages, etc.), there is a high probability that it constitutes advertising and is subject to special requirements. Advertising of medicinal products and medical devices is regulated in detail by sectoral legislation on healthcare and the healthcare system, as well as by subordinate acts of the Ministry of Healthcare.

 Mandatory Elements of an Advertising Material

According to the rules on advertising of medicinal products and medical devices, an advertising material must contain at least the following information: trade name of the medicinal product, international non-proprietary name or information on active substances, main indications for use, method of administration and doses (in general terms), main side effects, main contraindications, special precautions for children, pregnant and breastfeeding women (where applicable), conditions of supply (prescription / over-the-counter), warning: recommendation to carefully read the package insert for medical use and the wording “Self-medication may be harmful to your health”, name and address of the manufacturer and/or its authorized representative in the Republic of Kazakhstan, number and date of issuance of the marketing authorization certificate, expiry date of the registration (marketing authorization). The absence of some of this information in a material that in fact promotes a medicinal product creates the risk that such advertising will be recognized as non-compliant with legislative requirements.

What Is Explicitly Prohibited in Advertising of Medicinal Products?

The legislation sets out a wide range of restrictions and prohibitions in the field of pharmaceutical advertising. Key examples include: advertising of medicinal products and medical devices not registered in the Republic of Kazakhstan, advertising of prescription-only medicinal products in mass media aimed at the general public, distribution of samples of prescription-only medicines for advertising purposes, use of children’s images in advertising, except for children’s medicines and products, placement of advertising of medicinal products and medical devices in public transport and in organizations not related to their use and sale (except for scientific and educational events), advertising of medical services without a license, advertising on behalf of specialists who do not hold a valid professional certificate, advertising of methods of treatment of certain diseases (for example, oncological, mental, etc.) in violation of the restrictions set by law, references to recommendations of “scientists”, “doctors” and “public officials” that create the impression of official endorsement, statements about the absolute safety, uniqueness or highest effectiveness of a medicinal product compared to others, claims that the natural origin of a medicine guarantees the absence of side effects, creating the impression of a guaranteed result, inclusion in advertising of information not related to the medicinal product and misleading consumers, advertising of transactions involving human organs and tissues

When Information Is Not Advertising?

It is important to distinguish advertising from informational and scientific materials. Under the applicable rules, the following are not considered advertising: general information about health and human diseases, official instructions for medical use of medicinal products, trade catalogues, price lists, reference and scientific-information materials, methodological and educational materials of a medical nature, information about a person (individual or legal entity) that manufactures or sells medicinal products and medical devices, provided that such information does not have an advertising or stimulating character. In other words, a material may be treated as informational or educational, and not as advertising, if it: does not contain calls to use a specific medicinal product, does not emphasize its advantages, is not aimed at generating demand

However, in disputable situations the line between “information” and “advertising” is often assessed by state authorities and specialized experts.

Specifics of Approving Advertising Materials

The person that places or disseminates advertising of medicinal products and medical devices is responsible for ensuring that such advertising complies with the legislation.

In a number of cases it is required to obtain an opinion of the competent state authority in the field of healthcare on compliance of the advertising material with the legislative requirements. For this purpose:

• a package of documents and layouts is prepared
• an agreement for the expert review is concluded
• based on the results, an opinion on compliance / non-compliance is issued

This approach helps minimize the risk of liability and claims from supervisory authorities.

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Conclusions and Recommendations for Businesses from FChain

1. Any materials containing references to medicinal products may potentially be recognized as advertising if they do not fall under the exceptions set by the rules.
2. Advertising materials must contain the full set of mandatory information required by the rules: from trade name and indications to warnings and registration data.
3. Violations relate not only to the content but also to the form of placement of advertising (ban on outdoor advertising of medicines, advertising in transport, participation of medical workers, etc.).
4. Informational and scientific materials must be clearly separated from advertising — avoid hidden calls to use a specific product and comparative claims.
5. Before launching an advertising campaign in the healthcare sector, it is advisable to carry out legal review of layouts and, if necessary, obtain an opinion from the competent authority.

If you need an assessment of specific brochures, layouts or an advertising campaign, FChain specialists can perform legal review of the materials and help organize your activities in full compliance with the legislation of the Republic of Kazakhstan on advertising and healthcare.

 For professional support, please contact us at almaty@f-chain.com or via WhatsApp at +7 771 214 1820

 

Prepared by: Sergey Gaydarov
Senior Lawyer, FChain Kazakhstan
November 11, 2025