The new Resolution from the Federal Council of Medicine, which brings some modifications on the regulation of medical advertising, came into force on March 11st, 2024. On the same day, CODAME (a Commission responsible for spreading medical affairs’ information) published the “Medical Advertising’s Manual”, which provides better clarification about its interpretation and enforcement.

This Resolution brings significative amendments in the regulation of the theme and was a result of various claims from the medical community to modernize ethical standards.

Among these innovations, the following can be highlighted:

• the permission to make “before and after” announces and to repost other patients’ statements, as long as it respects some requirements in order to avoid leading the impression of “guarantee of success” and, also, so it doesn’t configurate sensationalism or unfair competition.
• the permission to share divulgate the physician’s office details (such as parking, safety, localization etc.) and, also, the service portfolio (health plans and insurances covered).
• the permission to announce appointment’s price, means of payment accepted, as well as doing some reductions or promotions, provided that it does not configurates tying, awards or draws.
• the permission to publicize an equipment or a technological resource used for the service, along the lines of its portfolio approved by ANVISA (government’s agency similar to the FDA), as long as it is not done in a way that gives an impression of “privileged capability”.
• the permission to announce postgraduation’s titles, provided it follows some requirements.

However, although it may have brought some significative innovations, the new Resolution still has many prohibitions and restrictions, especially to preserve medicine’s image as a “support-activity” and to maintain medical advertising’s main purpose: to inform and educate. In other words, even though it may have allowed some behaviours previously taken as unethical, the Federal Council of Medicine imposed various requirements that must be respected in other to those be regarded as legitimate.

Therefore, it is still essential to keep caution, as an attempt to avoid ethical problems regarding irregular advertising, considering that the new Resolution does not allow everything. Thus, it remains of huge importance to count on a qualified legal counsel in order to have previous knowledge about the permissions and prohibitions regarding medical advertising.