Vitamedic Indústria Farmacêutica, responsible for the production of Ivermectin, is obliged, since Thursday (2), by court decision, to withdraw from circulation, including from social networks, any advertisement suggesting that the drug can be used as an early treatment or preventive to covid-19.
In addition, it is prohibited from publishing advertisements in disagreement with the regulatory bodies of the pharmaceutical sector and must also publish in large circulation vehicles the information that ivermectin is not indicated for combating coronavirus and its use is restricted to establishing the package insert.
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The decision, in preliminary nature, is of the 2nd Business Court of Rio, which responded to the request of the Public Defender of the State, in a public civil action filed by the Nucleus for the Defense of the Consumer (Nudecon).
“The publication leads the public to believe in the existence of effective drugs against covid and, supposedly protected, naturally presents good chances of not observing the recommended measures to reduce the contagion and that are of evident necessity for the control of the pandemic, that is, avoiding crowds, maintaining social distance, hand hygiene, wearing a mask, among others”, highlights the text of the lawsuit filed by the defenders and public defenders of Rio.
The action combats misleading advertising that aimed to profit millions by exploiting, in the general public, the fear of death caused by the covid-19 pandemic; the text also advances the risk generated by the supposed confidence in early treatment that induces the person not to seek the health system in time, increasing the risks of worsening the condition, with damage to their own health and to the system as a whole.
In addition, the lack of indication of the drug for the treatment of covid-19, widely publicized as suitable for its treatment, and not denied by the manufacturer, in itself greatly increases the seriousness of the situation of the population, alarmed and terrified by the high number of Deaths.
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In the public civil action, the Defender’s Office also emphasizes the misleading advertising conveyed directly or indirectly by the defendant regarding an indication outside the package insert, without approval by regulatory bodies.
Public defenders who sign the request sent to court mention that the Consumer Defense Code provides for the supplier’s responsibility, regardless of fault, including for moral damages.
“It can be considered that the increase in the sale of the drug has reached millions of people, compared to previous years, and reveals the damage caused to the entire population exposed to the covid-19 pandemic and to the advertising of a supposed drug for the preventive treatment of coronavirus. The fact that occurred caused moral damage to all affected consumers, who were subjected to false hopes in the control and treatment of the disease”, summarizes the ACP.
The judgment of the 2nd Business Court scheduled a mediation hearing between the parties for October 4th.
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Source: BoF Rio de Janeiro
Edition: Jaqueline Deister