Doing Business in the Netherlands 2012 - American Chamber of ...

ut public advertising of prescription pharmaceuticals is prohibited.
Advertising to health professionals is allowed provided that certain
requirements are complied with. Strict rules apply to comparative
advertising for pharmaceuticals.
Complaints on violation of the Code of Conduct for the Advertising of
Pharmaceuticals can be filed with the Code Committee of the
Stichting Code Geneesmiddelenreclame. Complaints on violation of
the Code for the Advertising of Medicinal Products to the General
Public can be filed with the Code Committee of the Stichting KOAG.
Appeals against the Code Committees’ decisions can be filed with the
respective Boards of Appeal. It is also possible to initiate court
proceedings against competitors based on unfair competition.
The advertising through (promotional) games of chance is strictly
regulated by the Betting and Gaming Act (Wet op de kansspelen) and
the Code of Conduct on Promotional Games of Chance (Gedragscode
promotionele kansspelen). A violation of these regulations is an
economic offense.
Under the code of conduct, a maximum of one promotional game of
chance per product, service, or organization per year is allowed. No
costs other than the costs of communication may be charged for
participation in a prize draw. Furthermore, such costs of
communication may not exceed EUR0.60 per entry and must be
clearly communicated before entry. The original price of the product
or service may not be increased merely because of the prize draw.
The total amount of any winnings must not exceed EUR100,000. In
addition, there must be no more than 13 prize draws in one
promotional game of chance.
The organizer of a promotional game of chance must use general
terms and conditions which include certain information, such as the
name and address of the organizer, the period during which the prize
draw is open, the number, nature and value of the prizes, the
communication costs, the date of the prize draw, the way that the tax
on games of chance will be paid and the like.
100 Baker & McKenzie