Full-scale regulation and management of pharmaceutical advertising began in October 1989 with the implementation of medical insurance for pharmacies. As the need to crack down on false, exaggerated, and exaggerated advertisements for pharmaceuticals was raised, the standards for administrative dispositions began to be strengthened, and the Autonomous Pharmaceutical Advertising Prior Review Committee was launched under the Korea Pharmaceutical Association. Around this time, the Broadcast Advertising Deliberation Committee was established under the Korea Broadcasting Commission and began preliminary review of pharmaceuticals, etc. It was a time when pharmaceutical advertisements were treated with great care in broadcast advertisements. However, that year, an unprecedented incident occurred in which a pharmaceutical advertising executive was arrested on charges of violating the Pharmaceutical Affairs Act for exaggerated, false, and exaggerated advertising.
※ Implementation of medical insurance for pharmacies: Since the early 1980s, there has been a demand for the implementation of the division of medicine, so compulsory division of medicine was implemented in Mokpo, Jeollanam-do as a pilot from 1982 to 1985 (3 years), but the medical and pharmaceutical communities protested, so the pilot project was terminated. , In October 1989, a pharmacy medical insurance system based on pharmacists' discretionary dispensing was implemented, allowing people to take medicine by paying only a portion of the drug cost.
Afterwards, it was decided to strengthen voluntary self-purification of pharmaceutical advertisements. Accordingly, through consultation between the Ministry of Health and Welfare and the pharmaceutical industry, 25 drug groups among over-the-counter drugs were designated as items prohibited from public advertising in 1990. The National Assembly also revised the Pharmaceutical Affairs Act and established Article 68 of the Pharmaceutical Affairs Act (Prohibition of Exaggerated Advertisements, etc.) in 1991.
※ Article 68 of the Pharmaceutical Affairs Act (Prohibition of exaggerated advertising, etc.) Prohibits false or exaggerated advertising regarding the name, manufacturing method, efficacy or performance of medicines, etc., prohibits implicit expressions of efficacy and effectiveness, etc., and specializes in medicine aimed at experts. Advertising of prescription drugs is prohibited except through media, and detailed advertising review procedures and methods are clearly stipulated.
In the early 1990s, the pharmaceutical industry was going through its greatest boom since the reign of Dangun. As the economic level improved, such as the 1986 Asian Games and the 1988 Olympics, the national income level (GNP) increased, and with large international events taking place, national self-esteem increased, and interest in self-health, which requires diligent management of one's health, is increasing, so each pharmaceutical company is investing in the market. In order to dominate and expand the market, advertising techniques that capture the hearts of consumers in an instant have developed and diversified.
Each company's CEO was opening a renaissance era in pharmaceutical advertising by mobilizing all his insight, insight, intuition, judgment, and perspective to instinctively read the market and consumers' minds.
※ In 1994, the name of the Ministry of Health and Social Affairs was changed to the Ministry of Health and Welfare, and Korea's welfare policies were promoted in a more detailed and specific manner by concentrating energy on welfare policies rather than vague and broad social issues. In addition, health care policies have been implemented with detailed and detailed systematic support and regulation policies.
In the early 1990s, the composition of the Advertising Review Committee of the Pharmaceutical Association was operated in a format where the chairperson and members were centered around private companies and the advertising staff of the Ministry of Health and Welfare was present. Since the committee consisted mainly of private companies, there were occasional misunderstandings when deliberating on advertisements for products of competing companies, but the committee chairperson paid great attention to maintaining fairness and balance, so no such conflicts or disputes occurred.
History of Korea's first medical and pharmaceutical advertisement
Korea’s first pharmaceutical advertisement was “Cheongeumdan,” published in the ‘Chosun Shinbo’ in April 1882, which emphasized and advertised rejuvenation medicine as a medicine for immortality and immortality. However, the first product printed in Japanese and advertised to Japanese people, and officially advertised in Korean, was animal skin imported from Sechang Corporation, which was published in the first issue of ‘Hanseong Shinbo’ in February 1886. It was imported herbal medicine such as hair and horn, and in July 1886, an advertisement for a pharmacy called Dongsugwan was published in the ‘Hanseong Weekly’, emphasizing prevention of infectious diseases and prescriptions for disease relief.
The first pharmaceutical advertisement was “Golden Egg,” published in the ‘Independence Newspaper’ in 1896. It was a quinine-containing malaria treatment. At the time, it was promoted as a magical medicine for weaning mothers and babies, raising concerns about misuse.
The first product manufactured and promoted domestically was “Boyeongsan” in the ‘Independence Newspaper’ in July 1897. This product was manufactured by Ji Seok-yeong, famous for his method of soybean sprouting.
Next, the “Whal Myung Su” advertisement, which still maintains its reputation to this day, took the form of storytelling, emphasizing the company's philosophy of “for the public good with our spirit” and “traditional Eastern knowledge and new Western inventions have merged into one.” High-quality advertisements were placed.
※ Whalmyeongsu was developed by Min Byeong-ho, a royal medical officer, as a prescription for indigestion and stomach medicine for the royal family and relatives of the Joseon Dynasty. In addition, there is a salve (a treatment for purulent diseases) developed by Myung-rae Lee and mass-produced and sold as a Catholic slander.
Afterwards, Lee Woong-seon, the first licensed apothecary (pharmacist), opened Hwapyeongdang Pharmacy in Incheon in 1894 and achieved great success through public advertising.
The scale of pharmaceutical advertising is gradually shrinking.
The pharmaceutical industry has contributed greatly to the development of broadcasting by providing advertising revenue to broadcasting stations for decades. As you know, pharmaceutical advertisements can only advertise over-the-counter drugs, and advertisements for prescription drugs are restricted. Alcohol (alcohol) and pharmaceutical advertisements are restricted from being advertised by famous celebrities. This can be misused because people can imitate their favorite celebrities. Because I was concerned.
The center and growth history of Korea's advertising world was definitely pharmaceutical advertising. In the top ten advertising markets in 1969, eight were pharmaceutical advertisers. Since 1970, large-scale advertisements for home appliances and automobiles have increased, and the proportion of pharmaceutical advertisements has also relatively decreased.
※ Order of top ten advertising companies in 1969: Dong-A Pharmaceutical, Hanil Pharmaceutical, Handok Pharmaceutical, Yuhan Corporation, Chong Kun Dang, Haitai Confectionery, Youngjin Pharmaceutical, Ildong Pharmaceutical, Pfizer Korea, and Lakhee Chemical (excluding the two underlined companies).
In the 1990s, advertising on public broadcasting was absolute, and the three public broadcasting companies had an almost monopoly structure, so that when 100 million won was spent on advertising, awareness rose by 1%. In order to advertise during prime time, such as news time, you had to spend continuous advertising money for several years to enter the peak time. .
Nowadays, advertising methods are diverse and the conditions and environment have changed to the extent that digital advertising is bigger than public broadcasting. Moreover, it will become increasingly difficult to raise awareness through advertising due to significant differences in the way each generation views the world and interest in things, as well as generational trends, which can be summarized as abbreviations.
As of 2020, famous programs require 15 million won for a single broadcast (15 to 30 seconds). It is said that in 2023, the expenditure on digital advertising (YouTube, etc.) has become greater than the advertising expenditure on terrestrial broadcasting, cable, and general programming combined. The digital advertising market is growing overwhelmingly, and advertising techniques are also changing.
Since 1993, I have been in charge of pharmaceutical advertising review for one year. However, at this time, there was a lot of work to revise the Pharmaceutical Affairs Act due to a dispute over the right to dispense herbal medicine between oriental doctors and pharmacists, so I remember the moment when I was busy with the work of revising the law. There was controversy over the pre-review of pharmaceutical advertising content infringing on creative rights, and some pointed out that it was a kind of excessive pre-censorship. However, due to the nature of pharmaceuticals, safety issues are important, and it is still ongoing, emphasizing that it is voluntary review rather than censorship.
Representative advertising success stories
So-called advertising geniuses “have a unique ability to see the world differently and think differently,” while also having the ability to think within the common sense of citizens and consumers, and to view and evaluate things along the lines of common sense.
In the early 1990s, advertising was the flower of consumer culture. It was a time when advertisers were evaluated and respected as alchemists of desire. Since then, various new advertising types such as Generation
The most popular orange juice, “Ddabon,” was imported and sold by Lotte Del Monte Juice, and is remembered as the moment when it immediately overtook “Coca-Cola,” the absolute leader in Korean beverages. “Del Monte Juice” and “Sunkist Juice” established a two-strong system, but “Ddabon” solidified the first-tier system.
In our society, the expression that something is unconditionally the best is “ddabon,” which has become the most popular buzzword in Korean advertising history.
There are similar success stories in the pharmaceutical sector. “Ours is precious.” This is an item that the Chosun Pharmaceutical Company boasted of the high level of pharmaceutical advertising by advertising 'Solpyo Woohwang Cheongsimwon'.
There is a lot of regret now that the owner has changed, but with the 86 Asian Games and the 88 Olympics, our country has become livable due to economic growth, and the strong wind of Shinto Buddhism has stimulated strong nostalgia for the old days. It was an advertisement that raised pride in Korea's unique culture in a culture steeped in Western values.
Master singer Park Dong-jin, who reminded us of the precious value of ours, imprinted it in the hearts of the people with our own sound, saying, “Ours is a precious thing.” “We are going out to chase swallows. We are going out to catch swallows. Ours is a precious thing.” This is a pharmaceutical advertisement that I want to hear again.
※ Park Dong-jin, master singer, was the first master singer in the history of pansori to sing in full for 5 hours in 1968, and contributed to the popularization of traditional Korean sound. He passed away in 2003 at the age of 87.
Another representative pharmaceutical advertisement is Dong-A Pharmaceutical's 'Bacchus' advertisement. The 647.5-kilometer national journey began at some point when the national pilgrimage wind began to blow in our country. From Baekdu to Halla, I made a pilgrimage by walking from Haenam, the tip of the earth, to Panmunjom, the tip of South Korea, carrying only a bag. When vacation came, the excitement was great. The Bacchus Homeland Pilgrimage, which started in 1998 with the motto "If you know yourself and the land, the new millennium is in your hands" and the slogan "We are moving forward. In the name of youth!", is the most desired event for college youth to participate in. It has become.
In addition, there are items that do not have a strong stimulus but are evaluated to have succeeded in sales through persistent and consistent advertising. Even though the raw material composition is ordinary and there is no difference from other products, there are products that continue to be sold solely because of increased public awareness. So, let's think about what a company's competitiveness is, how it is formed, and what are the driving forces that strongly imprint it on the public. There may be many reasons, but we are realizing once again how important it is to imprint the item in the public's mind through advertising branding.
Among the works of Haruki Murakami, a representative Japanese writer, “What does Lexus mean?” It had no meaning in the first place, but in the process of creating a word that seemed very luxurious and had a deep meaning and resonated well, he heard that it was a name created by a New York advertising company commissioned by Toyota and felt that branding was really important. The branding talent of moving people with words that seem plausible even if they have no particular meaning is exquisite.
※ Lexus: Japan’s Toyota’s representative car brand, the world’s best car brand
Pharmaceutical advertising regulations must also change in an aging society.
The aging society is worsening. For sustainable insurance finance, every effort must be made to reduce costs. In this respect, the government must actively create an era of self-care where people take responsibility for their own health. The government must step in and create cost-effective conditions, such as taking responsibility for one's own health, having medicines on hand, and preventing health hazards in advance through health checkups.
To this end, information accessibility must be created and provided more delicately so that citizens can make their own judgments and decisions. To conclude, we need to be more flexible in advertising or providing information about drugs so that essential information about drugs can be delivered to the public so that they can make their own decisions.
Medicines are not something that should be hidden, but rather something that should be accurately disclosed. Accordingly, shouldn't advertising also change to focus on clear information delivery rather than regulation? We are entering an aging society. Now, the role of health care professionals is important, but this is why access to truthful medical information must be guaranteed so that people can take responsibility for their own health.
Current pharmaceutical advertising policies focus on regulations, such as prohibiting false and exaggerated advertising. Of course, this is due to concerns that consumers may misuse the medicine. Certain expressions are restricted for over-the-counter medicines. For example, in the case of vitamin products, the term 'chronic fatigue' is replaced by the term 'physical fatigue' when advertised. Now, considering the level of our citizens, we must be able to use phrases that are closely related to daily life, such as 'safety', 'immunity', 'stress', and 'fine dust'. “There is a need to revise advertising guidelines to reflect the changing media environment,” says Professor Jeong Jae-hoon.
An official from the Ministry of Food and Drug Safety also said, "At a time when the government is struggling to come up with various policies to reduce the burden of national medical expenses, I think it is timely to discuss the expansion of the over-the-counter drug market to reduce medical expenses." “We will boldly improve the necessary regulations and steadily promote safety management and manufacturing support policies tailored to the characteristics of over-the-counter drugs.”
The over-the-counter drug market is shrinking day by day following the division of medicine. In 2000, when the division of medicine was actually implemented, the proportion of over-the-counter drugs was 40% and the proportion of prescription drugs was 60%, but the use of over-the-counter drugs is rapidly decreasing every year.
※ Share of over-the-counter drugs: 37% in 2001, and reduced to 15% in 2020.
Not only has the proportion of usage decreased significantly, but the production amount growth rate is also half that of prescription drugs. Looking at the production performance of generic and prescription drugs over the past 10 years from 2010 to 2020, generic drugs increased by 25% over the past 10 years (from KRW 2.53 trillion in 2010 to KRW 3.17 trillion in 2020), while prescription drugs increased by 52%. It is growing more than twice.
The head of the public relations team at the Pharmaceutical Bio Association said, "Over-the-counter medicines are recognized for their importance from the perspective of public health and financial savings. Advanced pharmaceutical countries such as the United States and Japan are developing policies to expand the proportion of over-the-counter medicines at the government level. Our country is also pursuing health and medical services. “As part of the policy, we need to raise the topic of revitalizing over-the-counter medicines and think about it from various angles,” he said, adding, “Advertising regulations also need to be improved without infringing on fairness.”
There are many opinions that an advertising policy should be established to encourage proper consumption of medicines. "In the current over-the-counter pharmaceutical market, the top-selling products are generally products that have been impressed on the public through advertisements for a long period of time. Unlike in the past, there is skepticism about market expansion through advertisements, and a popular opinion is forming that it is difficult to demonstrate creativity under the current advertising review regulations. Those in charge of advertising policy will need to take a closer look at what he said.
Lessons from the judgment on the unconstitutionality of medical device prior review
“As medical devices are a public domain directly related to people’s lives and health, reasonable regulation of medical device advertising is necessary.” Accordingly, the Medical Device Act regulates the labeling and advertising of medical devices. First, it stipulates the contents (prohibited acts) that should not be done when labeling or advertising, and second, it requires prior review before advertisement implementation.
In 2015, the Constitutional Court ruled partially unconstitutional the current law, which prohibits medical advertising without prior review and provides for criminal punishment for violations. According to this decision, the unconstitutionality of prior censorship by administrative power is removed, but as it is a public area directly related to the life and health of the people, reasonable regulation of medical advertising is necessary, and medical advertising is to be regulated by an independent autonomous deliberation body rather than an administrative agency. The Medical Service Act was revised and improved to allow for prior review.
It is said that the Korean Medical Association had many points to consider on how to protect the lives, safety, and health of the people in response to diversifying medical information and the rapidly changing Internet environment and advertising format.
※ As illegal medical advertisements were flooding in and causing great harm, the National Assembly revised the Medical Service Act to establish a prior review system for medical advertisements. However, the subject of prior review was not the 'administrative authority' but a medical-related autonomous organization, and multiple review organizations conducted prior review. Establish regulations to enable this.
When the Medical Devices Act was revised on October 4, 2006, using the Medical Services Act as a counter-instruction, a prior review system by the Commissioner of the Food and Drug Safety Administration for medical device advertisements was introduced as a preventive measure against excessive advertising of medical devices. The prior review system for advertisements was the same for medical care, pharmaceuticals, and health functional foods.
The Constitutional Court ruled that the prior review system for medical advertisements was unconstitutional in December 2015, and in June 2018, it also ruled that the prior review system for health functional food advertisements was unconstitutional.
Subsequently, in August 2020, the Constitutional Court ruled that the prior review system for medical device advertisements was unconstitutional and explained the reasons similarly to the decision on medical advertisements and health functional food advertisements. Our Constitution guarantees freedom of expression in Article 21, Paragraph 1, and Paragraph 2 of the same Article explains that it does not recognize permission or censorship of expression.
The censorship referred to here means 'a system in which the administrative authority is the main agent, screening and selecting the content and suppressing the announcement of ideas or opinions as a preventive measure before they are announced, regardless of the name or form.' do.
※ In the past, there was a system in which the administrative authority took charge of censorship before releasing albums or movies and allowed releases only within the permitted range, but the Constitutional Court ruled all of them unconstitutional.
In the case of the medical device advertisement prior review system, the Constitutional Court not only entrusted the Minister of Food and Drug Safety with the authority to conduct prior review to the Medical Device Industry Association, but also the Minister of Food and Drug Safety is involved in the composition of the members and sets the review standards. . You can also change the trustee who will carry out the work at will. Additionally, advertisements cannot be made unless they have been submitted and reviewed in advance, and if advertisements are made without permission or different from the contents that have been reviewed, administrative measures such as suspension of sales of the relevant medical device as well as criminal punishment may be imposed. It was determined that it was censorship.
The Medical Device Act also submitted an amendment to the National Assembly in September 2020 to resolve its unconstitutionality. In the form of legislation by lawmakers, an amendment was prepared to allow autonomous organizations other than the Minister of Food and Drug Safety to conduct prior deliberation if they wish.
Since medical devices are also a field that has a significant impact on the health and public health of the people, it is appropriate to establish a prior review system to prevent illegal advertisements from overflowing. However, advertisements that have not received prior review are still prohibited, and the entity responsible for conducting prior review is the former administrative authority. It is highly likely that the association that was entrusted with the deliberation will continue to do the same. It is worth noting that the Constitutional Court has so far made substantive judgments, not formal judgments, on whether the administrative power takes the lead in censorship. .
Accordingly, even if the Medical Device Act is revised and the prior review system is changed, the controversy over unconstitutionality is likely to continue, so more detailed discussions should be held to eliminate unconstitutional elements in the process of revising the Medical Device Act.
It is expected that similar discussions will take place regarding the controversy over prior review of pharmaceuticals, so preparations for this will need to be made quickly.
In any case, pharmaceutical advertising policies must be improved and developed in a way that guarantees consumers' right to know. In a super-aging society, advertising policies should be promoted in a way that protects the people's right to choose medicines so that they can take responsibility for their own health. The challenges of youth never stop. Pharmaceutical advertising will also continue to develop without stopping.