Can a song be an advertisement for a drug? The case of Taco Hemingway under scrutiny GIF

Why is the GIF involved in the case?

Taco Hemingway's latest song, ‘Zakochałem się pod apteką’ (‘I fell in love outside the pharmacy’), caused quite a stir not only on the charts but also among regulatory authorities. This was due to the repeated mention of the name of a specific medicinal product – Solpadeine.
What is worth knowing about drug advertising?
 

- According to the Pharmaceutical Law, advertising of a medicinal product is any activity consisting in informing about or encouraging the use of a given preparation, which aims, among other things, to increase its sales or consumption. Furthermore, the concept of ‘advertising’ is very broad, and the Chief Pharmaceutical Inspector (hereinafter: ‘GIF’) generally takes a fairly restrictive approach when classifying messages as promotional. 
 

- Importantly, the actions of a third party (e.g. an artist) may be considered advertising, even if they act on their own initiative and independently of the manufacturer, as long as their message encourages the use of the medicine. The regulations clearly state that advertising of a medicinal product may only be carried out by the responsible entity or on its behalf.
- Polish law imposes strict restrictions on the promotion of medicines: advertising must not be misleading, it must present the product objectively, and advertising prescription-only medicines to the general public is completely prohibited. Advertising of medicinal products must also include the appropriate warnings required by law. 
 

- In a situation where, as a result of administrative proceedings initiated by the GIF, it is determined that the artist's activities qualify as promotion of a medicinal product, and the entire campaign is not co-organised in any way by the manufacturer of the medicinal product, the authority may issue a decision indicating a violation of the prohibition on advertising without a commission, as well as a violation of the provisions requiring the inclusion of legally required information about the medicinal product and warnings for patients in the advertisement. 
- Unauthorised advertising or advertising that does not comply with the applicable regulations is punishable by a fine. In turn, the GIF has the power to issue a decision to immediately cease unlawful advertising and to order the publication of a correction.