The Health Sector Regulatory Authority (ERS) has fined Fisiosertã €2,500 for “violating the principles of transparency, reliability and legality”. According to the Administrative Offenses Process, “the design and publication of advertisements, broadcast by Rádio Condesável, from at least 2016 to the present date” is at stake.
The process was opened in August 2019 and filed with payment of the fine, as shown in the list of ERS Violation Actions published in the second quarter of 2022.
In accordance with the decision of the ERS, several articles of the Decree-Law that define the legal regime for health advertising practices, specifically the article referring to the principles of transparency, reliability and legality of information, have been violated.
“In order to guarantee the user’s right to health protection, information and identifiability, health advertising practices must correctly, complete and clearly identify the actor for whose benefit the health advertising practice is being carried out, so as not to raise doubts about the nature and suitability of the same,” defends the legislation.
The principle of objectivity requires that “the message or information advertised must be written in a clear and accurate manner, and must contain all elements considered sufficient and necessary for complete clarity to the user.”
The legislation prohibits health advertising practices that “for any reason, induce or are likely to mislead the user as to the decision to be made”.
These include practices that “disguise, mislead or deceive about the main characteristics of the act or service, i.e. through signals of a technical and scientific nature without evidence or propaganda to express innovation or entrepreneurial spirit, without prior evaluation of the competent entities in the sector”.
Also prohibited are practices that “deceive or are likely to create confusion as to the nature, characteristics and rights of the actor in whose favor the exercise of health publicity is being carried out, i.e. with regard to identity, qualifications or fulfillment of requirements”. to exercise activity.
Founded in 2013 and duly licensed, Fisiosertã provides health services in various fields, such as physiotherapy, neurology, pediatrics and psychology. The issue raised by ERS relates only to the content of advertisements on the radio.
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