真能減肥 ?還是誇大效能 ?——從「減肥筆」案探討醫療廣告宣傳如何避免「誇大不實」【本期企劃】 試閱
“Can It Really Help with Weight Loss? Or is It Exaggerating Its Effectiveness?” —Exploring How Medical Advertising Can Avoid “Exaggeration and Misrepresentation” through the Case of the “Slimming Pen”
醫療法第86條第7款規定「其他不正當方式」為醫療廣告；衛生福利部也發布函釋認定所謂「誇大醫療效能」、「無法積極證明為真實」均為「不正當方式」。但法院實際如何判斷？診所要如何為醫療廣告才不會落入「誇大醫療效能」、「無法積極證明為真實」而被裁罰？本文將從臺灣桃園地方法院111年度簡字第37號行政判決針對「減肥筆」案討論。
Article 86, Paragraph 7 of the Medical Care Act stipulates that “To publicize by any other improper means.” constitute medical advertising; the Ministry of Health and Welfare had also issued interpretations stating that claims of “exaggerated medical efficacy” and “inability to actively prove as true” both fall under “improper means.” However, how do the courts actually determine this? What steps can clinics take to ensure their medical advertising does not fall into the categories of “exaggerated medical efficacy” and “inability to actively prove as true” and consequently face penalties? This article will discuss the case of the “Slimming Pen” based on the Administrative Judgment No. 37 of the Taoyuan District Court in Taiwan for the year 111.
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