The ad in question promotes the website 40over40.com, a website sponsored by Eli Lilly and Company.
The actual 30 second commercial is here:
Under the FOI, I wrote the MHRA with the following:
I gather from your website that a complaint/s was made regarding the airing of an ad on British TV regarding 40over40.com - [SEE MHRA WEBSITE]
Under the FOI could you please release the said complaint/s and a copy of your decision not to uphold this complaint/s - i.e.; reasons why etc.
The MHRA have kindly produced a copy of their decision to me and a copy of the original complaint to them.
Before I show you the documents I would like to draw your attention to Statutory Instrument 1994 No. 1932 [The Medicines (Advertising) Regulations 1994]. In particular, PART III, 7, where it states quite clearly:
Prohibition of advertisements for medicinal products on prescription only
7. Subject to regulation 11, no person shall issue an advertisement which is likely to lead to the use of a relevant medicinal product which is a medicinal product for supply by prescription only and which is subject to any of the restrictions imposed by section 58(2) of the Act.
Now, like it or not, the above 30 second commercial, directs people [customers] to a webpage where Eli Lilly's, Cialis is promoted. Furthermore, the subtitle that appears in the 30 second ad, '12 year study of US males. The Massachusetts Male Aging Study 1994', really has no place on a commercial aimed at British viewers. It's misleading.
I see this as a crystal clear infringement of the Act.
Here is a copy of the response I received from the MHRA regarding my FOI request
Here is a copy of the original complaint made to the MHRA dated 19th August 2008. The name, for obvious reasons has been redacted.
Rather than respond to the information the MHRA sent me, I shall cut and paste this post and send it to them.