{
  "url": "https://openlegislation.uk/medicines-labelling-and-advertising-to-the-public-regulations-1978/regulation-5",
  "json_url": "https://openlegislation.uk/medicines-labelling-and-advertising-to-the-public-regulations-1978/regulation-5.json",
  "legislation": "uksi/1978/41",
  "legislation_title": "The Medicines (Labelling and Advertising to the Public) Regulations 1978",
  "legislation_url": "https://openlegislation.uk/medicines-labelling-and-advertising-to-the-public-regulations-1978",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Prohibition of representations",
  "text": "(1) Subject to the following provisions of these regulations no representation shall be made by a commercially interested party which is likely to lead to the use of a medicinal product or other substance or article to which regulation 2 of these regulations applies for a purpose specified in regulation 2, or a medicinal product to which regulation 4 of these regulations applies for a purpose specified in regulation 4, if the representation—\n(a) is made in connection with the sale or supply, or offer for sale or supply, of a medicinal product or other substance or article to which regulation 2 applies, or a medicinal product to which regulation 4 applies, or\n(b) is made to any person for the purpose of inducing him to purchase a medicinal product or other substance or article to which regulation 2 applies or a medicinal product to which regulation 4 applies from a person selling by retail medicinal products or other substances or articles to which regulation 2 or regulation 4 applies, or\n(c) in the case of medicinal products to which regulation 2 or regulation 4 applies, is made to the patient of a doctor or dentist for the purpose of inducing him to request the doctor or dentist to prescribe medicinal products of that description.\n(2) The prohibition imposed by sub-paragraph (a) or sub-paragraph (b) of paragraph (1) above does not apply to any representation—\n(a) which is made by a pharmacist in relation to the sale or supply of a medicinal product where—\n(i) the pharmacist dispenses the medicinal product in accordance with a prescription given by a doctor or dentist; or\n(ii) the pharmacist is requested by or on behalf of a person to sell or supply the medicinal product in accordance with the pharmacist's own judgment as to the treatment required; or\n(b) which is made by a chiropodist registered by the Chiropodists Board under the Professions Supplementary to Medicine Act 1960 to a person who is a patient of his in relation to a medicinal product for the purpose of treatment by being administered to the surface of the foot; or\n(c) which is made to a patient in relation to a medicinal product by a registered nurse or a certified midwife.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1479",
      "affecting_title": "The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2003/1590",
      "affecting_title": "The Health Professions Order 2001 (Consequential Amendments) Order 2003"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2004/1771",
      "affecting_title": "The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2019/1094",
      "affecting_title": "The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2002/880",
      "affecting_title": "The Health Professions Order 2001 (Consequential Amendments) Order 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1978/41/regulation/5",
    "retrieved_at": "2026-10-29T19:42:01.140544+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}