- Прайс-лист от 01.01.2019
1. Advertising promotional events
2. Advertising alcoholic beverages (including beer and beer-based beverages)
3. Advertising tobacco, tobacco products and smoking requisites
4. Advertising pharmaceuticals, medical equipment, medical products and medical services, including treatment methods
5. Advertising biologically active supplements and nutritional supplements, infant food products
6. Public Service Announcements
7. Advertising Military Products and Weapons
8. Advertising Games of Chance, Wagers
9. Advertising Financial Services
10. Advertising of Goods Sold Remotely
11.Use of words in foreign languages in advertising
12. Cases when Supplementary Documents Must Be Requested
1. Advertising Promotional Events
(Contest, Game, etc.)
Art. 9 of the Federal Advertising Law
Promotional event shall mean any competition, game or any other similar event whatsoever, participation in which shall be conditional upon purchase of a certain product or service.
Advertisement, which informs on a promotional event, shall demonstrate:
1) the terms of such event;
2) source of information about the sponsor of such event, rules of the event, number of prizes or wins in such event, when, where and how to get them.
Prior to making advertisement about any promotional event, the customer is required to provide the Rules for Promotional Events (or reference to the Rules),
In case of provision of advertising materials for promotional events to the Legal Department, the Rules (reference to the Rules) shall be provided together with such advertising materials.
The time of the promotional event shall be indicated as dd.mm.yy.
2. Advertising Alcoholic Products (Including Beer and Beverages Made of It)
Art. 21; cl. 3, Part 5, Art. 5 of the Federal Advertising Law
Advertising alcoholic products is PROHIBITED.
Alcoholic products advertising through mobile apps or software (commentary of the Federal Anti-Monopoly Service) is prohibited.
3.Advertising Tobacco, Tobacco Products and Smoking Accessories
(Art. 7, cl. 8) of the Federal Advertising Law
Advertising tobacco, tobacco products, tobacco goods and smoking accessories, including smoking pipes, hookahs, cigarette paper, cigarette lighters, is PROHIBITED.
4. Advertising Medicines, Medical Devices and Medical Services, Methods of Prevention, Diagnostics, Treatment and Medical Rehabilitation, Methods of Alternative Medicine.
Art. 24 of the Federal Advertising Law
ADVERTISING PRESCRIPTION MEDICINES IS PROHIBITED
ADVERTISING MEDICAL SERVICES RELATED TO INDUCED ABORTION IS PROHIBITED
ADVERTISING methods of prevention, diagnostics, treatment and medical rehabilitation is PROHIBITED
Medicine advertising shall not:
1) appeal to minors;
2) contain references to specific cases of recovery from diseases and illnesses, improvement of human health as a result of administering items so advertised;
3) contain credits from individuals in relation to administering items so advertised;
4) describe advantages of items so advertised by reference to the fact of research and studies that are mandatory for state registration of items so advertised;
5) contain affirmations or suggestions that the target audience has one or another disease or illness;
6) create an impression with a healthy person that he/she needs to take items so advertised;
7) create an impression that doctor's consultation is unnecessary;
8) guarantee positive effect, safety, efficiency and absence of side effects as a result of administering items so advertised;
9) describe advertised items as biologically active or food supplements or other products that are not classified as medicines;
10) contain affirmations that safety and/or efficiency of advertised items are guaranteed by its natural origin.
The provisions of clause 6 shall not apply to advertising medicines intended for disease prevention.
The provisions of clauses 2 to 5 shall apply to advertising medical services, including methods of prevention, diagnostics, treatment and medical rehabilitation.
The provisions of clauses 2 to 5 and 7 shall also apply to advertising alternative medicine methods.
The provisions of clauses 1 to 8 shall also apply to advertising medical devices.
Advertisement of medicines, medical services and medical devices shall contain warning that they have counterindications related to their use and administration and that the user needs to read the patient information leaflet or consult specialists.
In case of Internet advertising, the warning shall occupy at least five percent of the advertising space. The warning shall be shown on each frame of the banner/page of the article.
Prior to placing advertisement of medicines, medical equipment and medical devices, the customer shall be required to provide:
- patient information leaflet,
- certificate of conformity,
-declaration of conformity
Registration certificate (in case of medicines advertising);
- Certificate of conformity and registration certificate (in case of medical equipment advertising).
In case of advertising materials about medicines, medical equipment, medical devices, the above mentioned documents shall be provided to the Legal Department together with the advertising materials.
All documents shall be provided as copies
5. Advertising Biologically Active and Food Supplements, Infant Nutrition
Art. 25 of the Federal Advertising Law
AAdvertisement of biologically active and food supplements shall not:
1) create an impression that they are medicines and/or have therapeutic properties;
2) contain references to specific cases of healing, improvement of human health as a result of using such supplements;
3) contain credits from individuals in relation to using such supplements;
4) provoke refusal from healthy foods;
5) describe advantages of such supplements by reference to the fact of research and studies that are mandatory for state registration of such supplements and use results of other research and studies in form of direct recommendation to use such supplements.
Infant nutrition advertising shall not depict them as comprehensive replacement of breast milk or contain assertions about advantages of artificial feeding of children. Advertisement of products intended for use as a replacement of breast milk and products included in the child's diet during his/her first year of life shall contain information about age restrictions for use of such products and warning that consultation of specialists shall be sought.
Prior to placement of advertisement of biologically active and food supplements, the customer shall be required to provide:
- Certificate of conformity;
- Registration certificate.
In case of advertising materials about biologically active and food supplements, the above mentioned documents shall be provided together with the advertising materials.
Advertisement of biologically active supplements shall in each case be accompanied by the following warning: “Biologically active supplement. It is not a medicine”; in each case such, warning shall occupy at least ten percent of the advertising space.
6. Social Advertisements
Art. 10 of the Federal Advertising Law
Social advertisement is information circulated via any means, in any form and using any methods, addressed to general public and aimed at achieving benevolent and other socially useful goals and ensuring interests of the state.
Social advertisement shall not name specific brands (types, articles) of goods, trademarks, service marks and other means of identification thereof, as well as individuals or legal entities, except for certain cases.
In social advertisement placed on the Internet, the duration of references to sponsors shall not exceed five percent of the advertising space at most. These limitations shall not apply to reference in social advertisements to government authorities, government agencies, local governments, municipal agencies which are not included in the body of the local government, socially oriented non-profit organizations and individuals who turn out to be in hardship or need treatment, for the purpose of charity support to them.
7. Advertising Military Products and Weapons
Art. 26 of the Federal Advertising Law
In accordance with Art. 26 of the Federal Advertising Law, placement of advertising materials about military products and weapons on the Internet is PROHIBITED.
8. Advertising Risk-Related Games, Bets
Art. 27 of the Federal Advertising Law
In accordance with Art. 27, cl. 2 of the Federal Advertising Law, placement of advertising materials about risk-related games and bets on the Internet is PROHIBITED.
9. Advertising Financial Services
Art. 28 of the Federal Advertising Law
1. Advertisement of banking, insurance and other financial services shall contain name of an entity or an individual delivering the services (for legal entities: corporate name; for individual entrepreneurs: full name).
2. Advertisement of banking, insurance and other financial services shall not:
1) contain guarantees or promises of future operating efficiency (return on investments), including based on real performances in the past, if such operating efficiency (return on investments) cannot be identified at the moment of entry into a respective agreement;
2) withhold information about other terms and conditions of respective services that may influence the amount of income received by those who will use such services or the amount of costs incurred by those who will use such services, if advertisement contains at least one of such terms and conditions.
3. If advertisement of services related to provision, use and repayment of loans contains at least one term or condition that changes costs under it, such advertisement shall contain all other terms and conditions that influence and have effect on the actual cost of the loan for the borrower.
4. Advertisement of services related to asset management, including trust (including securities, investment reserves of joint-stock investment funds, mutual funds, pension reserves of private pension funds, pension savings, mortgage collateral, savings for provision of residence to military persons), shall contain:
1) source of information subject to disclosure in accordance with the federal law;
2) information about location and address (phone number) where, prior to entry into a respective contract, all interested parties may find the terms and conditions of asset management, obtain information on the person that carries out asset management and any other information that shall be provided in accordance with the federal law and other regulations of the Russian Federation
5. Advertisement of services related to asset management, including trust, shall not contain:
1) information that is not supported by documents, if it is directly related to asset management;
2) information about results of asset management, including about their change or comparison of past results and/or current results, which is not based on calculations of profitability determined in accordance with regulations of the federal executive agency regulating financial markets, and in cases stipulated by the federal law, determined in accordance with regulations of the Central Bank of the Russian Federation;
3) information about guarantees of reliability of potential investments and stability of the amount of potential income or costs related to the said investments;
4) information about possible benefits related to asset management methods and/or conduct of any activity;
5) declarations of possible future results of asset management similar to achieved results.
6. Advertisements related to raising funds from individuals for residential construction shall not be allowed, except for advertisement related to raising funds based on construction co-funding agreements, advertising housing cooperatives and housing development cooperatives, advertisement related to raising and utilising funds of individuals by housing saving cooperatives for purchase of residential buildings.
7. Advertisements related to raising funds of construction co-funders for construction (building) of multi-dwelling units and/or other real estate objects, shall contain information about location and ways of obtaining the project declaration stipulated by the federal law.
8. Advertisement related to raising funds of construction co-funders for construction (building) of multi-dwelling units and/or other real estate objects shall not be allowed prior to issue of building permissions, as applicable, for construction of multi-dwelling units and/or other real estate objects, publication in mass media and/or publication in public information and telecommunication networks (including the Internet) of the project declaration, state registration of title or tenancy to a land plot provided for construction (building) of multi-dwelling units and/or other real estate objects which include co-funded construction objects.
9. Advertisement related to raising funds from construction co-funders for construction (building) of multi-dwelling units and/or other real estate objects shall not be allowed during the period of suspension of the developer's business of raising funds from construction co-funders for construction (building) of multi-dwelling units and/or other real estate objects in accordance with the federal law.
10. The provisions of parts 7 to 9 of this article shall apply also to advertisements related to assignment of claims under construction co-funding agreements.
11. Advertisement related to raising and utilising funds of individuals by housing saving cooperatives for purchase of residential buildings shall contain:
1) information on sharing liabilities on incurred losses by the participants of a housing saving cooperative;
2) information about registration of a housing saving cooperative in the register of housing saving cooperatives;
3) link to the website in a public information and telecommunication network (including the Internet) where information of the housing saving cooperative is disclosed.
12. Advertisements related to raising and utilising funds of individuals by housing saving cooperatives for purchase of residential buildings shall not guarantee terms of purchase or construction of residential buildings by such cooperatives.
10. Advertising Goods that are Sold Distantly
Art. 8 of the Federal Advertising Law
If distantly sold goods are advertised, the following information about the seller of such goods shall be provided: name, location and state registration number of the entry of incorporation of the legal entity; full name, primary state registration number of the entry of state registration of the individual as an individual entrepreneur.
Distance sale of medicines and medical devices (equipment) is PROHIBITED (Internet pharmacies).
11. Use of words in foreign languages in advertising
In accordance with the Federal Advertising Law and Federal Law on the State Language of the Russian Federation, advertisements shall be in the Russian language.
Words in a foreign language may be used in advertisements provided the following provisions are complied with:
-a word in a foreign language shall not mislead the customer with respect to items so advertised;
- a word shall be translated in the Russian language (e.g., “sale” — “распродажа”). The translation of a word shall be shown on advertising materials with an asterisk following the foreign word and preceding the translation. There are a few exceptions:
1) exception that shall not require translation:
- if a foreign word is a registered trademark or corporate name of a legal entity, given that the certifying documents are provided (copies of trademark certificates or the Articles of Association).
2) exception that shall not require translation, but requires mandatory transliteration.
-if a word cannot be translated in Russian language (e.g., a set of Latin letters: etrw).
- if the translation will not convey the meaning, notion or subject (e.g., “Comedy Club”).
12. Cases when additional documents shall be requested
1) If advertising materials (hereinafter referred to as “AM”) use a trademark that is not owned by the direct advertiser, copies of documents certifying the right to use this trademark shall be requested. Such documents may include: permitting letter from the owner of such trademark; license agreement (in case if such documents cannot be provided, a guarantee letter).
2) If AM contain words in a superlative/comparative degree (i.e., “better”, “the most”, “No.1”), copies of documents certifying a superlative/comparative degree shall be requested. Such documents may include: studies undertaken; certificates obtained as a result of product sampling, etc. If such documents are presented, an asterisk (*) shall mark the word in a superlative/comparative degree in AM and below the information from the presented document shall be provided.
3) If AM contain statements that may raise doubts in their trustworthiness (e.g., “thin down by 10 kg in 5 days”), copies of documents certifying such statements shall be requested. Such documents may include: studies undertaken in this area, etc. If such documents are presented, an asterisk (*) shall mark such statement in AM and below the information from the presented document shall be provided..
4) In case of a lottery, depending on a type of the lottery, the following documents shall be requested:
- a copy of a document certifying that a notice is made about conducting the advertised lottery to the respective government agency and the notice itself;
- a copy of a permit for conducting the advertised lottery.
5) If any promotional events are advertised (as defined in Section 1 of these General Advertising Requirements), the rules for such promotional event shall be requested
6) If AM contain any photos/images of individuals, copies of documents certifying the right to use these photos/images in AM shall be requested. Such documents may include:
- in case of placing a photo (a permitting letter from the right holder to use the photo; license agreement certifying the transfer of the right to use the photo (if the above mentioned documents cannot be provided, a guarantee letter);
- if a photo of an individual is used (a permitting letter from the individual to use his/her photo in advertising materials).
Consent to use images shall not be required in the following cases:
- use of an image for government, social or other public purposes;
- an image of a person was obtained when shooting in places available for free visits or at public events (meetings, conferences, summits, concerts, entertaining events, sports events and other similar events), except when such image is used as the central object;
- a person was shot for a consideration.
7) In case of use of any characters in AM (e.g. use of the image of Cheburashka from an animated film in the Russian Federation), copies of documents certifying the right to use such characters in AM shall be required. Such documents may include: permitting letter from the copyright holder of such character; license agreement (in case if such documents cannot be provided, a guarantee letter).
8) If any Olympic or Paralympic symbols are used in AM, a copy of permit to use such symbols issued by the International Olympic Committee shall be required
9) If exclusivity is mentioned in AM, documents certifying such exclusivity shall be requested. Such documents may include: contract or agreement providing to a certain person the right to exclusively represent goods/items within a certain territory, etc.
10) If AM is a video commercial, documents certifying the right to use such video shall be requested. Such documents may include: a letter from the owner permitting the use of such video; license agreement (in case if such documents cannot be provided, a guarantee letter).
11) If a musical background (sound track) is used in AM, documents certifying the right to use such sound track shall be requested. Such documents may include: a letter from the owner permitting the use of such sound track; license agreement (in case if such documents cannot be provided, a guarantee letter).
Above stated are the most frequent cases of placement of AM, which require provision of additional documents.
In any other cases, other additional documents may be required.