Journalists Fined for Reporting on Diabetes Drugs as Weight-Loss Aids

A recent wave of fines imposed on major Dutch newspapers has ignited a debate about the boundaries of journalistic reporting, particularly concerning the promotion of medicines. The Inspectorate for Healthcare and Youth (IGJ) has penalized publishers like De Volkskrant, De Telegraaf, AD, and NRC, citing their coverage of diabetes drugs being used as weight-loss aids as illegal advertising.

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If a journalist calls a medicine a miracle cure, then it is quickly advertising. And that is not allowed.

Anniek de Ruijter, a professor of health law at the University of Amsterdam, expressed surprise at the outcry, noting that regulations against advertising registered medicines have been in place since the 1990s, stemming from a European directive. The Geneesmiddelenwet defines advertising as "any form of influence with the apparent purpose of promoting the prescribing, dispensing, or use of a medicinal product, or giving the order to do so."

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It is advertising at the moment when you are prompted to ask for a medicine. Even if you are personally very satisfied with a remedy and you elaborate on it in the media, that is advertising. It doesn't have to be that you have an interest in it or earn money from it.

De Ruijter elaborated on the rationale behind these strict rules. With rising healthcare costs and an aging population, there's a need to protect the public from potentially misleading medical information. The prohibition aims to prevent the promotion of drugs for unapproved uses, a standard practice in many Western countries, with the US and New Zealand being notable exceptions.

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Ms. Foster said that she had lost sixty pounds through the drug and called it 'life-changing.' It was worth overcoming her aversion to needles.

The crucial question is what constitutes advertising. According to De Ruijter, even personal testimonials can cross the line. She cited an example from The New York Times where a woman described a weight-loss drug as "life-changing." De Ruijter stated that such personal accounts, if they prompt readers to inquire about or request a specific medication, could indeed violate Dutch law. The legal precedent, including a 2009 European Court of Justice ruling against a Danish journalist for promoting a herbal drink, underscores the seriousness of these regulations.

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Yes, and there is jurisprudence on that. In 2009, the European Court of Justice ruled in a case against a Danish journalist who had promoted a herbal drink on a website.