Consumer Information Right for Prescribed Pharmaceuticals in El Salvador
Consumer Law, establishes as a consumer’s basic right, to receive from the provider all details that allow having information complete, accurate, true, clear and timely, in order to determine characteristics of the products to acquire, its risks and secondary effects. Typically, the consumer mainly receives information of the product to acquire from the content of the product’s label. Nonetheless, depending on the product, the way in which the consumer receives the information may vary. This is the case of products sold with a medical prescription, where the consumer’s information right is materialized in a special way, as is explained as follows.
The main reason why the consumer’s information right is materialized in a special way for products sold with a medical prescription, obeys to the fact that the end user (consumer) does not possess the necessary technical knowledge to discern if the consumption of the product will be beneficial, or if on the contrary will cause harm. Therefore, the legislator has established that the consumer public may be informed about products sold with a medical prescription, only via health professionals, or doctors, who do have the necessary technical knowledge to indicate a patient, which medication must be taken for each particular case, and prescribe it. The aforesaid implies, that unlike products sold over the counter (pharmaceuticals that do not require a medical prescription) our regulation does not allow publicity for prescribed medications. Nonetheless, Salvadorian regulation does allow health professional to provide patients with brochures and other material or promotional, as well as to prescribe these medications.
Additionally, on the product’s label, patient information leaflet (PIL) (found within the box or medication´ packaging) the consumer may access information such counter indications, doses, storage conditions, shelf life, etc. In view that pharmaceuticals are regulated products, all this information is available to the consumer: label, patient leaflet, promotional material, which is previously evaluated and authorized by our National Medical Direction. This is how the consumer’s information right is materialized for products under medical prescription.
Julio Vargas Solano
Managing Partner
García & Bodán
El Salvador